SF 2097 (LSB 5318SV (2) 88)

SENATE FILE 2097

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 3031)

A BILL FOR

An Act relating to the criminal offense of indecent exposure and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 709.9, Code 2020, is amended to read as follows:
   709.9  Indecent exposure.
   A person who exposes the person’s genitals or pubes to another not the person’s spouse, or who commits a sex act in the presence of or view of a third person, or who masturbates underneath or outside of the person’s clothing in the presence of another, commits a serious misdemeanor, if all of the following apply:
   1.  The person does so to arouse or satisfy the sexual desires of either party; and party.
   2.  The person knows or reasonably should know that the act is offensive to the viewer or the viewer was a child at the time of the act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill expands the criminal offense of indecent exposure (Code section 709.9) to include a person who masturbates outside of or underneath the person’s clothing in the presence of another, if the person does so to arouse or satisfy the sexual desires of either party and the person knows or reasonably should know that the act is offensive to the viewer or the viewer was a child at the time of the act. 
   A person who violates Code section 709.9 commits a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875.
   A person convicted pursuant to this section is required to register as a sex offender.