House File 159 - IntroducedA Bill ForAn Act 1modifying the penalties for persons eighteen years of
2age or older who commit indecent exposure.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 709.9, Code 2017, is amended to read as
2follows:
   3709.9  Indecent exposure.
   41.  A person who exposes the person’s genitals or pubes to
5another not the person’s spouse, or who commits a sex act in
6the presence of or view of a third person, commits a serious
7misdemeanor, if all of the following apply:
   81.    a.  The person does so to arouse or satisfy the sexual
9desires of either party; and.
   102.    b.  The person knows or reasonably should know that the
11act is offensive to the viewer.
   122.  A person, eighteen years of age or older, who exposes
13the person’s genitals or pubes to another not the person’s
14spouse, or who commits a sex act in the presence of or view of
15a third person, commits an aggravated misdemeanor, if all of
16the following apply:
   17a.  The person does so to arouse or satisfy the sexual
18desires of either party.
   19b.  The person knows or reasonably should know that the act
20is offensive to the viewer.
   21c.  The viewer is under thirteen years of age.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
   25This bill modifies the penalties for persons 18 years of age
26or older who commit indecent exposure.
   27The bill increases the penalties for indecent exposure from
28a serious misdemeanor to an aggravated misdemeanor for acts
29involving a person 18 years of age or older who exposes oneself
30or commits a sex act in the presence of or view of a third
31person and the viewer of the indecent exposure is under 13
32years of age.
   33A person who commits indecent exposure must register as a sex
34offender for 10 years and is subject to an additional 10-year
35special sentence pursuant to Code section 903B.2 after the
-1-1sentence for indecent exposure ends.
   2A serious misdemeanor is punishable by confinement for no
3more than one year and a fine of at least $315 but not more than
4$1,875. An aggravated misdemeanor is punishable by confinement
5for no more than two years and a fine of at least $625 but not
6more than $6,250.
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