Bill Text: IA SF2101 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the crimes of indecent exposure and public masturbation, and making penalties applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-01-26 - Subcommittee: Schultz, Petersen, and J. Taylor. S.J. 152. [SF2101 Detail]
Download: Iowa-2021-SF2101-Introduced.html
Senate
File
2101
-
Introduced
SENATE
FILE
2101
BY
ROZENBOOM
A
BILL
FOR
An
Act
relating
to
the
crimes
of
indecent
exposure
and
public
1
masturbation,
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
659A.2,
subsection
9,
paragraph
a,
Code
1
2022,
is
amended
to
read
as
follows:
2
a.
Masturbation,
which
means
the
same
as
“masturbate”
as
3
defined
in
section
709.9
709.9A
,
subsection
2,
paragraph
“c”
3
.
4
Sec.
2.
Section
692A.102,
subsection
1,
paragraph
a,
Code
5
2022,
is
amended
by
adding
the
following
new
subparagraph:
6
NEW
SUBPARAGRAPH
.
(06)
Public
masturbation
in
violation
of
7
section
709.9A.
8
Sec.
3.
Section
709.9,
Code
2022,
is
amended
to
read
as
9
follows:
10
709.9
Indecent
exposure
——
masturbation
.
11
1.
A
person
who
exposes
the
person’s
genitals
or
pubic
12
area
,
or
who
exposes
the
person’s
female
breast
with
less
than
13
a
fully
opaque
covering
of
any
part
of
the
nipple,
to
another
14
person
who
is
not
the
person’s
spouse,
or
who
commits
a
sex
act
15
in
the
presence
of
or
view
of
a
third
person,
commits
a
serious
16
misdemeanor
if
all
of
the
following
apply:
17
a.
1.
The
person
does
so
to
arouse
or
satisfy
the
sexual
18
desires
of
either
party.
19
b.
2.
The
person
knows
or
reasonably
should
know
that
the
20
act
is
offensive
to
the
viewer.
21
2.
a.
A
person
who
masturbates
in
public
in
the
presence
of
22
another,
not
a
child,
commits
a
serious
misdemeanor.
23
b.
A
person
who
masturbates
in
public
in
the
presence
of
a
24
child
commits
an
aggravated
misdemeanor.
25
c.
For
the
purpose
of
this
subsection
,
“masturbate”
means
26
physical
stimulation
of
a
person’s
own
genitals
or
pubic
area
27
for
the
purpose
of
sexual
gratification
or
arousal
of
the
28
person,
regardless
of
whether
the
genitals
or
pubic
area
is
29
exposed
or
covered.
30
Sec.
4.
NEW
SECTION
.
709.9A
Public
masturbation.
31
1.
A
person
who
masturbates
in
public
in
the
presence
of
32
another,
not
a
child,
commits
a
serious
misdemeanor.
33
2.
A
person
who
masturbates
in
public
in
the
presence
of
a
34
child
commits
an
aggravated
misdemeanor.
35
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3.
For
the
purpose
of
this
section,
“masturbate”
means
1
physical
stimulation
of
a
person’s
own
genitals
or
pubic
area
2
for
the
purpose
of
sexual
gratification
or
arousal
of
the
3
person,
regardless
of
whether
the
genitals
or
pubic
area
is
4
exposed
or
covered.
5
Sec.
5.
Section
709.19,
subsection
1,
Code
2022,
is
amended
6
to
read
as
follows:
7
1.
Upon
the
filing
of
an
affidavit
by
a
victim,
or
a
parent
8
or
guardian
on
behalf
of
a
minor
who
is
a
victim,
of
a
crime
9
that
is
a
sexual
offense
in
violation
of
section
709.2
,
709.3
,
10
709.4
,
709.8
,
709.9
,
709.9A,
709.11
,
709.12
,
709.14
,
709.15
,
11
or
709.16
,
that
states
that
the
presence
of
or
contact
with
12
the
defendant
whose
release
from
jail
or
prison
is
imminent
or
13
who
has
been
released
from
jail
or
prison
continues
to
pose
a
14
threat
to
the
safety
of
the
victim,
persons
residing
with
the
15
victim,
or
members
of
the
victim’s
immediate
family,
the
court
16
shall
enter
a
temporary
no-contact
order
which
shall
require
17
the
defendant
to
have
no
contact
with
the
victim,
persons
18
residing
with
the
victim,
or
members
of
the
victim’s
immediate
19
family.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
the
crimes
of
indecent
exposure
and
24
public
masturbation.
25
Current
law
provides
that
a
person
who
exposes
the
person’s
26
genitals
or
pubic
area
to
another
not
the
person’s
spouse,
or
27
who
commits
a
sex
act
in
the
presence
of
or
view
of
a
third
28
person,
if
the
person
does
so
to
arouse
or
satisfy
the
sexual
29
desires
of
either
party
and
the
person
knows
or
reasonably
30
should
know
that
the
act
is
offensive
to
the
viewer,
commits
31
the
crime
of
indecent
exposure,
a
serious
misdemeanor.
32
The
bill
expands
current
law
to
provide
that
a
person
who
33
exposes
the
person’s
female
breast
with
less
than
a
fully
34
opaque
covering
of
any
part
of
the
nipple
to
another
person
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not
the
person’s
spouse,
if
the
exposure
is
done
to
arouse
1
or
satisfy
the
sexual
desires
of
either
party
and
the
person
2
knows
or
reasonably
should
know
that
the
act
is
offensive
to
3
the
viewer,
commits
the
crime
of
indecent
exposure,
a
serious
4
misdemeanor.
5
Current
law
includes
the
crimes
of
indecent
exposure,
an
6
aggravated
misdemeanor,
and
public
masturbation,
a
serious
7
misdemeanor,
in
Code
section
709.9.
The
bill
removes
the
crime
8
of
public
masturbation
from
Code
section
709.9
and
creates
new
9
Code
section
709.9A,
maintaining
current
law.
The
bill
makes
10
conforming
Code
changes.
11
A
serious
misdemeanor
is
punishable
by
confinement
for
no
12
more
than
one
year
and
a
fine
of
at
least
$430
but
not
more
13
than
$2,560.
An
aggravated
misdemeanor
is
punishable
by
14
confinement
for
no
more
than
two
years
and
a
fine
of
at
least
15
$855
but
no
more
than
$8,540.
In
addition,
a
person
convicted
16
of
either
the
crime
of
indecent
exposure
or
public
masturbation
17
is
required
to
register
as
a
sex
offender
under
Code
section
18
692A.102
and
is
subject
to
a
no-contact
order
upon
release
from
19
prison
or
jail
under
Code
section
709.19.
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