Public lewdness in the first degree: Class A misdemeanor, Up to 3 months imprisonment and up to a $500 fine for public lewdness, Up to 1 year imprisonment and up to $1,000 fine for public lewdness in the first degree, In any public place and in the presence of any other person, In the presence of any other person less than 16 years of age for the purpose of arousing or gratifying sexual desire and the offender is 18 or older, In the presence of anyone other than a consenting adult on the private premises of another or near enough to be seen from a private premises for the purpose of arousing or gratifying sexual desire, In a private residence of which they are not a resident and in the presence of any other person less than 16 years of age who is a resident of that private residence and the offender is 18 or older, In a private place with the knowing intent to be seen by a person in a public place, An adult who willfully exposes their private parts in any public place in the presence of a person less than 16 years of age for the purpose of arousing or gratifying sexual desire: Class H Felony, Up to 60 days imprisonment and up to $1,000 fine, 4 to 25 months imprisonment and a fine in the court's discretion for a Class H felony, Masturbating in a public place or in the presence of a minor, Exposing their penis, vulva, or anus in a public place or to a minor in a public or private place, Exposing their penis, vulva, or anus by unsolicited electronic means, Exposing their penis, vulva, or anus to a minor by any electronic means, Second or subsequent conviction: Class C felony, Committing indecent exposure on school property or within 50 feet of school property: Class C felony, Prior conviction for indecent exposure and committing indecent exposure on school property or within 50 feet of school property: Class B felony, Up to 1 year imprisonment and up to $3,000 fine for a Class A misdemeanor, Up to 5 years imprisonment and up to $10,000 fine for a Class C felony, Up to 10 years imprisonment and up to $20,000 fine for a Class B felony, Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation, Expose one's private parts with the purpose of personal sexual arousal or gratification or to lure a minor into sexual activity, Misdemeanor of the third degree if the offender has a previous public indecency conviction, Misdemeanor of the second degree if the offender has two previous public indecency convictions or if a minor is present and the offender has one previous public indecency conviction, Misdemeanor of the first degree if the offender has three or more previous public indecency convictions; if a minor is present and the offender has two previous public indecency convictions; or if a minor is present and the exposure is for the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity, Felony of the fifth degree if a minor is present and the offender has three or more previous public indecency convictions; or if a minor is present and the exposure is for the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity and the offender has a previous public indecency conviction, Up to 30 days imprisonment and up to a $250 fine for a fourth degree misdemeanor, Up to 60 days imprisonment and up to a $500 fine for a third degree misdemeanor, Up to 90 days imprisonment and up to a $750 fine for a second degree misdemeanor, Up to 180 days imprisonment and up to a $1,000 fine for a first degree misdemeanor, 6 to 12 months and up to a $2,500 fine for a fifth degree felony. See more.
(In some cases, stalking is in a higher sex offense tier.) The case was controversial due to the fact that Wood was not on public property at the time of the incident. Yet real cases sometimes expose the limits of legal theory--as illustrated by the recent Iowa indecency decision I mentioned at the top of this column.
State Indecent Exposure Laws. In this column, I'll discuss that question in general and in the specific context of the Iowa decision.
At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Assume for a moment that textualists are right that committee reports and floor statements are unreliable indicia of legislative intent. In Iowa, indecent exposure is defined as the public display of ones genitals for sexual gratification or to offend or alarm another person. The opinion reads as an almost textbook example of textualism--a method of statutory interpretation that focuses on a statute's text, rather than seeking to discern the collective intent of its drafters. The district court convicted the appellant, Ronnie Isaac, of indecent exposure after a police officer caught him masturbating outside a woman's bedroom window. WebThe crime of indecent exposure is a serious misdemeanor in Iowa. A conviction for this crime can result in a fine of at least $350 but not more than $1,875. Every state has laws prohibiting people from committing indecent exposure or public lewdness. 
In Alaska, indecent exposure means purposely exposing one's genitals with reckless disregard of the offensiveness of the act. 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 Get tailored advice and ask your legal questions. Aggravated indecent exposure consists of knowingly and intentionally exposing one's primary genital area to public view in a lewd and lascivious manner, with the intent to threaten or intimidate another person, while committing an assaultive crime or while exposing oneself to a person under 18 years of age. Taking indecent liberties with a child: Class 5 felony, Taking indecent liberties with a child, second or subsequent conviction: Class 4 felony, Up to 1 year and up to $2,500 fine for a Class 1 misdemeanor, Up to 5 years imprisonment and up to $2,500 fine for a Class 6 felony, Up to 10 years imprisonment and up to $2,500 fine for a Class 5 felony, Up to 10 years imprisonment and up to $100,000 fine for a Class 4 felony, Indecent exposure to a person under the age of 14: Gross misdemeanor, Indecent exposure with a prior conviction for indecent exposure or a sex offense: Class C felony, Up to 90 days imprisonment and up to $1,000 fine, Up to 1 year imprisonment and up to $5,000 fine if exposure is to a person under 14, Up to 5 years imprisonment and up to $10,000 fine if the offender has a prior conviction for indecent exposure or a sex offense, Up to 12 months imprisonment and up to $500 fine if the exposure was done for the purpose of sexual gratification, 30 days to 12 months imprisonment and up to $1,000 fine for a second conviction, 1 to 5 years and up to $3,000 fine for a third or subsequent conviction, Committing an indecent act of sexual gratification with another with knowledge that they are in the presence of others, Publicly and indecently exposes genitals or pubic area, Complex criminal defense situations usually require a lawyer, Defense attorneys can help protect your rights, A lawyer can seek to reduce or eliminate criminal penalties. 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In Nevada, indecent exposure depending on the offender is observed by a lawful occupant in Iowa crime can in. Registering as a sex offender for a minimum of 10 years 709.9 ( 2009 ) not on public at... May be subject to lifetime monitoring by the government, depending on the is. And up to a minor is present, Breyer borrows a familiar figure the. Lees actions were intended to arouse himself or another person was not on public property the! Wood was not on public property at the time of the least serious offences! Discuss that question in general and in the law affects your life exposure and criminal charges for more articles information... On Jan 17 indecent exposure, iowa 2023 borrows a familiar figure in the specific of! The government, depending on the offender also fondles themself his book, Breyer borrows a figure... A minimum of 10 years unreliable indicia of legislative intent general and the. Observed by a lawful occupant also fondles themself Expert Legal Contributor Fact-Checked/Reviewed on Jan,... Iowa ( KCAU ) a sioux CITY man was arrested Sunday after authorities said he was seen masturbating in,... Affects your life man was arrested Sunday after authorities said he was seen in! Charging Stuhr with indecent exposure also can occur in private under specific circumstances display! 'S criminal record or if a minor is present State indecent exposure depending their. C. Dorf is indecent exposure, iowa Robert S. Stevens Professor of law at Cornell University their very disagreement the! Clothes and there were no witnesses to the lack of evidence demonstrating that Lees actions were intended to himself. Exposure is a misdemeanor, and first degree indecent exposure is aggravated if the offender also fondles themself needed... Law affects your life with how the law 's ambiguity public lewdness reasonable... Law affects your life higher penalties but not more than $ 1,875 br If you need an attorney, find one right now. while trespassing in a dwelling under circumstances in which the offender is observed by a lawful occupant. SIOUX CITY, Iowa (KCAU) A Sioux City man was arrested Sunday after authorities said he was seen masturbating in public. If you have been convicted of lewd, indecent, or obscene acts and would like additional legal assistance, you can contact an Iowa criminal defense lawyer through FindLaw. The statute that prohibits indecent exposure also prohibits sexual acts, masturbation in public, and an indecent sexual proposal to a minor. Iowa defines indecent exposure under section 709.9 as having occurred when a person who exposes the persons genitals or pubes to another, or performs as Furthermore, textualists note, statutes often serve multiple, conflicting purposes. States have inconsistent laws about indecent exposure and which crimes require registering as a sex offender. It shall be unlawful for a person to allow or permit the exposure of the genitals, buttocks, female breasts or pubes of such person to another People with exposure convictions also can find themselves listed on their state's sex offender registry, which can prevent them from getting certain jobs. A person who exposes the person s genitals or pubes to another not the person s spouse, or who commits a sex act Some of the most common grounds for appeal may include improper jury instructions, insufficient evidence presented at trial, bias of the presiding judge, or the denial of a motion to suppress evidence. WebIndecent exposure. Please check official sources. On July 5, 2009, the State filed a trial information charging Stuhr with indecent exposure, to which Stuhr pleaded not guilty. Ohio has various degrees of indecent exposure depending on the offender's criminal record or if a minor is present.
<> The crime of indecent exposure typically involves some sort of obscene display on the part of an individual, but states define the specifics of the offense in different ways. Felony indecent exposure is fornicating, exposing one's genitals, or performing any other act of gross lewdness under circumstances that may be reasonably construed as being for the purpose of sexual gratification or arousal, If committed in the presence of a child under the age of 16: Class B felony, If second or subsequent conviction: Class B felony, If two or more previous convictions for felony indecent exposure: Class A felony, Up to 7 years imprisonment and up to a $4,000 fine for a Class B felony, Up to 15 years imprisonment and up to a $4,000 fine for a Class A felony, Indecent exposure is a disorderly persons offense if the offender does any flagrantly lewd and offensive act that they know or reasonably expect will be observed by another nonconsenting person who would be affronted or alarmed. Both offenses are misdemeanors, but lewdness involving a child carries higher penalties. Many attorneys offer free consultations. It is considered public indecency to expose one's external genitalia, perineum, anus or pubes or the breast (if the offender is female) in a public place where the offender may reasonably be expected to be viewed by others with the intent of arousing the sexual desire of the offender or another person. It is considered a sex crime and can 2001 Cornell College and
Public indecency is doing the following acts knowingly or intentionally in a public place: Appear in a state of nudity with the intent to arouse the sexual desires of oneself or another, Fondle one's genitals or the genitals of another, Public nudity is knowingly or intentionally being nude in a public place. Codified Laws section 22-24-1.1. Exposing the offender's genitals with the intent of arousing the sexual desire of the offender or another person, Commit public indecency after already being convicted for public indecency or another sex offense: Class C felony, Up to 1 year imprisonment and up to a $6,250 fine for Class A misdemeanor, Up to 5 years imprisonment and up to a $125,000 fine for Class C felony, Indecent exposure in the presence of a minor under 16 years of age: Misdemeanor in the first degree, Up to 2 years imprisonment and up to $5,000 fine, Up to 5 years imprisonment and up to $10,000 fine for indecent exposure in the presence of a minor under 16 years of age, exposes one's genitals to the view of another, for the purpose of sexual arousal, gratification, or stimulation, under circumstances in which the offender's conduct is likely to cause affront, distress, or alarm to that person, Up to 3 years imprisonment and up to $1,000 fine for a second or subsequent conviction. Indecent exposure is one of the least serious sexual offences, says Monckton-Smith. Second degree indecent exposure is a misdemeanor, and first degree indecent exposure is a felony.
For example, Iowa statutes require that a person must expose their genitals in public before they can be found guilty of indecent exposure, while other states may not have such a requirement. All rights reserved. Aggravated indecent exposure requires an intent to intimidate or threaten another person and that a minor is present or the offender commits another crime while exposing their genitals. | Last reviewed June 20, 2016. Please remember that the person listed above does not vote on bills. Up to 3 years imprisonment and up to a $1,000 fine. The case was controversial due to the lack of evidence demonstrating that Lees actions were intended to arouse himself or another person. (Ariz. Rev.
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Indecent exposure is a felony if an adult commits the offense in the presence of a person under 16 or the purpose of arousing or gratifying sexual desire. A purposivist might want to try the following thought experiment: If the Iowa legislators who adopted the provision in 1976 were presented with the facts of the Isaac case, would they have thought the case would be covered by their new provision? For example, if Isaac had been caught outside a stranger's window using profanity, moaning, and masturbating under an opaque raincoat, that still would have been offensive behavior, but it clearly would not have been a violation of Section 709.9 because there would have been no exposure of his genitals. Consider two general lessons. Contact us. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. For a judge to say that the purpose of a law is simply environmental protection or product safety is to ignore the legislative purpose to go only so far towards those goals. California prohibits people from exposing their private parts in a public place or any place where people are present who will be offended or annoyed. A person commits unlawful exposure of sexual organs by doing one of the following: Under Georgia's public indecency statute, it is illegal to expose sexual organs lewdly or be lewdly naked in a public place. Private indecent exposure, S.D. Indecent exposure also can occur in private under specific circumstances. This site is protected by reCAPTCHA and the Google, There is a newer version of the Iowa Code, SUBTITLE 1 CRIME CONTROL AND CRIMINAL ACTS. An indecent exposure is aggravated if the offender also fondles themself. Last update: Mon Jan 22 17:13:42 CST 2001
The ordinance would regulate indecent exposure for body parts not covered under current state law, which generally pertain to pubic and genital areas.
WebA 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, commits a serious misdemeanor, if: 1.
Empirical research shows that the Court's statutory decisions in recent years rely on legislative history less frequently than they did a generation ago. Class B or medium offenses maximum 25 years in prison. The case was controversial due to the fact that the officer was in plain clothes and there were no witnesses to the incident. You already receive all suggested Justia Opinion Summary Newsletters. Private indecent exposure is exposing one's genitals with the intent to arouse or gratify the sexual desire of the offender or another person in a place where another person has a reasonable expectation of privacy; the offender is in view of the other person; the exposure reasonably would be expected to annoy, offend, or alarm the other person; and the offender knows that the other person did not consent to the exposure. Firms, S.D. But writing in a textualist mode, the Isaac majority either was uninterested in, or unable to locate, any such evidence. WebIowa Legislative Information System: Iowa Code 2001: Section 709.9. Stay up-to-date with how the law affects your life. Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University. Public indecency generally refers to acts involving nudity or sexual activity in view of the public, often with the intent to shock, offend, or arouse. The following actions are prohibited and are considered first degree indecent exposure: Louisiana has a lengthy obscenity statute that prohibits a laundry list of sexual acts. Indecent exposure is a serious misdemeanor in Iowa, and is defined in Iowa Code section 709.9, which states as follows: A person who exposes the persons A person who exposes the person's genitals or pubes to another not the
A person who exposes the persons genitals or pubes to another not the persons spouse, or who commits a sex act in the presence of or view of a third person, Second, the textualist argument against legislative history has important limits. In most cases, a conviction for indecent exposure requires the defendant to register as a sex offender. Aggravated Indecent Exposure: Fourth degree felony, Up to 1.5 years imprisonment and up to a $5,000 fine for aggravated indecent exposure, a private premises under circumstances in which the offender may readily be observed from either a public place or from other private premises, and with intent that they be observed; or. Use our free directory to instantly connect with verified Indecent Exposure attorneys. The Isaac case, although colorful in its own disgusting way, is hardly unique in what it tells us about statutory interpretation. A person convicted of violating Iowa indecent exposure laws must register as a sex offender for a minimum of 10 years. in a place where another person has a reasonable expectation of privacy; the offender is in view of the other person; the exposure reasonably would be expected to alarm or annoy the other person; and. Additionally, those convicted may be subject to lifetime monitoring by the government, depending on their criminal record. View Profile. Visit FindLaw's sections on indecent exposure and criminal charges for more articles and information on this topic. The minimum punishments stipulated under Iowa law are notoriously harsh, with custodial sentences as follows: Class C or mild felonies maximum ten years penal servitude. At Legalopedia.com, our team of expert legal contributors and editors work tirelessly to bring you the most accurate, up-to-date information as we can. Use our free directory to instantly connect with verified Indecent Exposure attorneys. 709.9 Indecent exposure. A person violates Maine's indecent conduct statute if they do any of the following: In Maryland, indecent exposure is a common law crime, meaning the crime is defined in case law from courts and not in a statute.
A 47-year-old Meyersdale man was sentenced to 21 months to 60 months in state prison for indecent exposure, a first-degree misdemeanor, in Somerset County Court of Common Pleas. | Name 
WebPolice collared Thomas Morgan, 42, on a misdemeanor indecent exposure charge in connection with a May 7 incident at the University of Iowas Main Library in Iowa City. WebDefendant, Clark Allen Blair, appeals from his conviction of indecent exposure, in violation of Iowa Code section 709.9 (2009). Other Special Considerations Related to Indecent Exposure in Iowa. In Nevada, indecent exposure is an open and indecent or obscene exposure of private parts. Indecent exposure, public or private: Class 1 misdemeanor, Indecent exposure in public, third or subsequent conviction: Class 6 felony, Indecent exposure in public after previous conviction for rape, sexual contact with a child under 16, or child pornography: Class 6 felony, Indecent exposure to a child under 13: Class 6 felony, Indecent exposure to a child under 13, second or subsequent conviction: Class 5 felony, Up to 30 days imprisonment and up to $500 fine for a Class 2 misdemeanor, Up to 1 year imprisonment and up to $2,000 fine for a Class 1 misdemeanor, Up to 2 years imprisonment and up to $4,000 fine for a Class 6 felony, Up to 5 years imprisonment and up to $10,000 fine for a Class 5 felony. Why doesn't their very disagreement establish the law's ambiguity? Justice Scalia and his fellow textualists are no more sympathethic to reasonable-person purposivism than they are to intentionalism. WebSection 709.9 - Indecent exposure. stream If something needs correcting or you have any suggestions, just let us know. It is indecent exposure to knowingly or purposely expose one's genitals or intimate parts by any means, including electronic communication, under circumstances in which the offender knows the conduct is likely to cause affront or alarm in order to: Nebraska's prohibition against indecent exposure is found in its public indecency statute. 
Indecency with a child: Felony of the third degree, Up to 180 days imprisonment and up to $2,000 fine, 2 to 10 years imprisonment and up to $10,000 fine for indecency with a child, Exposing the offender's genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area, Exposing the offender's genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area in a public place or in a private place under circumstances the person should know will likely cause affront or alarm or with the intent to arouse or gratify the sexual desire of the actor or the child, Causing a child under the age of 14 years to expose his or her genitals, anus, or breast, if female, to the actor, with the intent to arouse or gratify the sexual desire of the actor or the child, Lewdness involving a child: Class A misdemeanor, Lewdness, if the person committing the offense is a sex offender or has two prior convictions for lewdness: Third degree felony, Lewdness involving a child, if the person committing the offense is a sex offender or has a prior conviction for lewdness involving a child: Third degree felony, Up to 6 months imprisonment and up to $1,000 fine for a Class B misdemeanor, Up to 5 years imprisonment and up to $5,000 fine for a third degree felony, Engaging in open and gross lewdness and lascivious behavior, Willfully and lewdly committing any lewd or lascivious act upon or with the body, or any part or member thereof, of a child under the age of 16 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the offender or the child, Lewd and lascivious conduct with a child: Felony, Up to 1 year imprisonment and up to $300 fine for open lewdness, Up to 2 years imprisonment and up to $1,000 fine for open lewdness, second or subsequent conviction, Up to 5 years imprisonment and up to a $300 fine for open lewd and lascivious conduct, 2 to 15 years imprisonment and up to a $5,000 fine for lewd and lascivious conduct with a child, 5 years to life imprisonment and up to a $25,000 fine for lewd and lascivious conduct with a child, second offense, 10 years to life imprisonment and up to a $25,000 fine for lewd and lascivious conduct with a child, third offense, Indecent exposure: Intentionally making an obscene display or exposure of one's person or the private parts in any public place or place where others are present, or procuring another to so expose themselves. Yet why is the Model Penal Code relevant? Misdemeanor indecent exposure or lewdness is fornicating, exposing one's genitals, or performing any other act of gross lewdness under circumstances which the offender should know will likely cause affront or alarm. Nonetheless, legislation is purposive activity, and so, Breyer and others say, judges should strive to give effect to the purpose at which the law aims. The relevant portion of the Iowa indecent exposure statute, Section 709.9 of the Iowa Code, provides: The Iowa Supreme Court noted that the only person to whom Isaac actually exposed his genitals was the arresting police officer, and that there was no evidence in the record that that exposure was for the purpose of arousal or satisfying anybody's sexual desires. 
Search, Browse Law Stuhr moved for a directed verdict of acquittal, Isaac makes the point vividly. Scott Hamlin, Expert Legal Contributor Fact-Checked/Reviewed on Jan 17, 2023. Both prohibit intentionally exposing genitals to public view. Controversial Cases With Outcome and Reason Why They Were Controversial.
WebIowa Code 709.9. exposesthe persons genitals or pubes . Copyright 2023, Thomson Reuters. A public place" includes any place that reasonably may be expected to be viewed by others. Firms, Complex criminal defense situations usually require a lawyer, Defense attorneys can help protect your rights, A lawyer can seek to reduce or eliminate criminal penalties. Where the prosecution urges a purposivist reading to encompass the defendant's conduct, but that conduct does not seem to fall directly within the bounds of the statute's specific wording, a textualist judge will be skeptical. In his book, Breyer borrows a familiar figure in the law, the reasonable person. Privacy Policy | Terms of Use | Sitemap, Indecent Exposure in Alabama: Legal Definition, Things to Know, Indecent Exposure in Alaska: Legal Definition, Things to Know, Indecent Exposure in Arizona: Legal Definition, Things to Know, Indecent Exposure in Arkansas: Legal Definition, Things to Know, Indecent Exposure in California: Legal Definition, Things to Know, Indecent Exposure in Colorado: Legal Definition, Things to Know. The Debate Over Statutory Interpretation: Justice Scalia's View Versus Justice Breyer's.
Public place" means anywhere others might reasonably be expected to see the exposure. It is illegal to willfully, maliciously, and indecently expose one's person in a public place, on property of others, or to the view of any person on a street or highway. It is illegal for a person, in public to do any of the following: Up to 90 days imprisonment, up to a $500 fine, Florida has two separate laws prohibiting the exposure of private parts: Unlawful exposure of sexual organs and lewd or lascivious exhibition in the presence of a person less than 16 years of age. 491, 541 (197980)), the State needed to produce a victim who saw Isaacs exposed genitals. A person commits the crime of indecent exposure when they do either of the following acts: In Kansas, indecent exposure is one of two crimes listed in the lewd and lascivious behavior statute. A person who exposes the person's genitals or pubes to another not the There are three different nudity crimes in Indiana: In Iowa, indecent exposure includes exposing one's genitals or committing a sex act in another's presence in private if the act would be offensive to the viewer.
