SF 2097 — A bill for an act relating to the criminal offense of indecent exposure, providing penalties, and making penalties applicable. (Formerly SSB 3031.) Effective date: 07/01/2020.

Senate File 2097 - IntroducedEnrolled SENATESenate FILEFile 2097 BYAN COMMITTEEACT ONRELATING JUDICIARY (SUCCESSOR TO SSBTHE 3031)CRIMINAL AOFFENSE BILLOF FORINDECENT AnEXPOSURE, ActPROVIDING relatingPENALTIES, toAND theMAKING criminalPENALTIES offenseAPPLICABLE. of indecent exposure and making penalties applicable.

TLSBSection 5318SV1. (2) 88 hf/rh S.F.

2097 Section 1.

709.9 Indecent exposure.exposure —— masturbation .

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 :

A person who exposes the person’s genitals or pubes pubic area to another not the person’s spouse, or who commits a sex act in the presence of or view of a third person, commits a serious misdemeanor, if all of the following apply:

1.

a.

andand. party.

Theb. 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 inclusionperson ofknows thisor explanationreasonably doesshould notknow constitutethat agreement with the explanation’sact substanceis byoffensive theto members of the generalviewer. assembly.

This2. 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.

Aa. person who violates Code section 709.9 commits a serious misdemeanor.

A seriousperson misdemeanorwho ismasturbates punishablein bypublic confinementin forthe nopresence moreof thananother, onenot year and a finechild, ofcommits ata leastserious $315misdemeanor. but not more than $1,875.

Ab. person convicted pursuant to this section is required to register as a sex offender.

LSBA 5318SVperson (2)who 88masturbates -1-in hf/rhpublic 1/1in the presence of a child commits an aggravated misdemeanor.

c.

For the purpose of this subsection, “masturbate” means physical stimulation of a person’s own genitals or pubic area for the purpose of sexual gratification or arousal of the Senate File 2097, p.

2 person, regardless of whether the genitals or pubic area is exposed or covered.

______________________________ ______________________________ CHARLES SCHNEIDER PAT GRASSLEY President of the Senate Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 2097, Eighty-eighth General Assembly.

______________________________ W.

CHARLES SMITHSON Secretary of the Senate Approved _______________, 2020 ______________________________ KIM REYNOLDS Governor