IOWA

IOWA CODE
§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, commits a serious misdemeanor, if:

1. The person does so to arouse or satisfy the sexual desires of either party; and

2. The person knows or reasonably should know that the act is offensive to the viewer.

[C79, 81, § 709.9] Referred to in § 692A.1, 709.19 Definition of sex act, § 702.17
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[NAC NOTE: The following is an excerpt from the portion of the Iowa Code that establishes the state's sex offender registry.]

§692A.1 DEFINITIONS.

As used in this chapter and unless the context otherwise requires:
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7. "Other relevant offense" means any of the following offenses:

a. Telephone dissemination of obscene materials in violation of section 728.15.
b. Rental or sale of hard-core pornography in violation of section 728.4.
c. Indecent exposure in violation of section 709.9.
d. Incest committed against a dependent adult as defined in section 235B.2 in violation of section 726.2.
e. A criminal offense committed in another jurisdiction which would constitute an indictable offense under paragraphs "a" through "d" if committed in this state.

§692A.2 PERSONS REQUIRED TO REGISTER.

1. A person who has been convicted of a criminal offense against a minor, an aggravated offense, sexual exploitation, an other relevant offense , or a sexually violent offense in this state or in another state, or in a federal, military, tribal, or foreign court, or a person required to register in another state under the state's sex offender registry, shall register as provided in this chapter.

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[NAC NOTE: Iowa legislation passed in 1997 forbids nudity in any commercial establishment required to have a sales tax permit. The Bill, which has become public law, was ostensibly aimed at adult sexually-oriented businesses. However, its provisions appear to preclude the legal operation in the state of any Naturist facility that must charge sales tax, including nudist parks, camps and resorts.]

§728.5 Public indecent exposure in certain establishments.

An owner, manager, or person who exercises direct control over a place of business required to obtain a sales tax permit shall be guilty of a serious misdemeanor under any of the following circumstances:

1. If such person allows or permits the actual or simulated public performance of any sex act upon or in such place of business.

2. If such person allows or permits the exposure of the genitals or buttocks or female breast of any person who acts as a waiter or waitress.

3. If such person allows or permits the exposure of the genitals or female breast nipple of any person who acts as an entertainer, whether or not the owner of the place of business in which the activity is performed employs or pays any compensation to such person to perform such activity.

4. If such person allows or permits any person to remain in or upon the place of business who exposes to public view the person's genitals, pubic hair, or anus.

5. If such person advertises that any activity prohibited by this section is allowed or permitted in such place of business.

6. If such person allows or permits a minor to engage in or otherwise perform in a live act intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons. However, if such person allows or permits a minor to participate in any act included in subsections 1 through 4, the person shall be guilty of an aggravated misdemeanor.

The provisions of this section shall not apply to a theater, concert hall, art center, museum, or similar establishment which is primarily devoted to the arts or theatrical performances and in which any of the circumstances contained in this section were permitted or allowed as part of such art exhibits or performances.

[C79, 81, § 728.5] 92 Acts, ch 1029, § 1; 97 Acts, ch 125, §3 Referred to in § 728.8

View state summary and legislation for Iowa.