1. A person who knowingly views, photographs, or films another person, for the purpose
of arousing or gratifying the sexual desire of any person, commits invasion of privacy if all
of the following apply:
a. The other person does not consent or is unable to consent to being viewed,
photographed, or filmed.
b. The other person is in a state of full or partial nudity.
c. The other person has a reasonable expectation of privacy while in a state of full or
partial nudity.
2. As used in this section:
a. “Full or partial nudity” means the showing of any part of the human genitals or pubic
area or buttocks, or any part of the nipple of the breast of a female, with less than fully opaque
covering.
b. “Photographs or films” means the making of any photograph, motion picture film,
videotape, or any other recording or transmission of the image of a person.
3. A person who violates this section commits an aggravated misdemeanor.
2004 Acts, ch 1099, §1; 2016 Acts, ch 1082, §2; 2016 Acts, ch 1138, §30; 2017 Acts, ch 117, §3
Referred to in §692A.102
\n
Notes of Decisions
Iowa Supreme Court Attorney Disciplinary Bd. v. Templeton, 784 N.W.2d 761 (Iowa 2010).
· cites it 2× “The county attorney later amended the charges to six counts of invasion of privacy — nudity, a serious mis *766 demeanor, in violation of Iowa Code section 709.21 (2005). During the course of the proceedings, Templeton sought treatment for the behavior resulting in his arrest.”
State v. Estrella, 133 N.W.2d 97 (Iowa 1965).
· cites it 8× “8, which he says invades the province of the jury and instructs the jury that if it finds one fact to exist, that fact as a matter of law implies the existence of another fact, and that the legislature did not intend to provide, by enacting section 709.21, that a presumption of…”
State v. Burt, 249 N.W.2d 651 (Iowa 1977).
“as trial court right in submitting to the jury the instruction on concealment of unpurchased goods? The court submitted to the jury its instruction 7 which provided in relevant part, “The fact that any person has concealed unpurchased goods or merchandise of any store or other…”
State of Iowa v. Paul Andrew Monahan, 919 N.W.2d 635 (Iowa Ct. App. 2018).
· cites it 13× “" Iowa Code § 709.21 (2)(a). A. Monahan claims the State did not adequately show the five teenage boys had a reasonable expectation of privacy while using the urinals in a public restroom.”
State of Iowa v. Robert William Kuhn (Iowa Ct. App. 2021).
· cites it 5× “Iowa Code § 709.21 (2)(a). “Photographs or films” is defined as “the making of any photograph, motion picture film, videotape, or any other recording or transmission of the image of a person.”
State of Iowa v. Bradley J. Qualls (Iowa Ct. App. 2016).
· cites it 4× “Bradley Qualls appeals from his conviction of invasion of privacy, in violation of Iowa Code section 709.21 (2013). Qualls asserts there is insufficient evidence to uphold his conviction and requests this court reverse his conviction for entry of acquittal.”
State of Iowa v. Christopher Lakeith McAfee (Iowa Ct. App. 2014).
· cites it 4× “Iowa Code § 709.21 . McAfee first challenges the sufficiency of the evidence to prove he took the video of the victim for the purpose of sexual arousal or gratification.”
State of Iowa v. Curtis Hansen (Iowa Ct. App. 2015).
· cites it 4× “Iowa Code § 709.21 (1). Hansen’s argument focuses on the State’s proof he viewed, photographed, or filmed Roberts.”
— Iowa Code § 709.21(1) — 5 cases
State of Iowa v. Paul Andrew Monahan, 919 N.W.2d 635 (Iowa Ct. App. 2018).
“" Iowa Code § 709.21 (2)(a). A. Monahan claims the State did not adequately show the five teenage boys had a reasonable expectation of privacy while using the urinals in a public restroom.”
State of Iowa v. Robert William Kuhn (Iowa Ct. App. 2021).
“Iowa Code § 709.21 (2)(a). “Photographs or films” is defined as “the making of any photograph, motion picture film, videotape, or any other recording or transmission of the image of a person.”
— Iowa Code § 709.21(1)(c) — 1 case
State of Iowa v. Paul Andrew Monahan, 919 N.W.2d 635 (Iowa Ct. App. 2018).
“" Iowa Code § 709.21 (2)(a). A. Monahan claims the State did not adequately show the five teenage boys had a reasonable expectation of privacy while using the urinals in a public restroom.”
— Iowa Code § 709.21(2)(b) — 1 case
State of Iowa v. Robert William Kuhn (Iowa Ct. App. 2021).
“Iowa Code § 709.21 (2)(a). “Photographs or films” is defined as “the making of any photograph, motion picture film, videotape, or any other recording or transmission of the image of a person.”
— Iowa Code § 709.21(3) — 2 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.