1. A person who exposes the person’s genitals or 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:
a. The person does so to arouse or satisfy the sexual desires of either party.
b. The person knows or reasonably should know that the act is offensive to the viewer.
2. a. A person who masturbates in public in the presence of another, not a child, commits a serious misdemeanor.
b. A person who masturbates in public in 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 person, regardless of whether the genitals or pubic area is exposed or covered. [C79, 81, §709.9] 2020 Acts, ch 1039, §1 Referred to in §659A.2, 692A.102, 709.19 Definition of sex act, §702.17 \n
Notes of Decisions
Cited in
68
cases (
24 in the last 5 years), 1981–2026 · leading case:
State v. Isaac, 756 N.W.2d 817 (Iowa 2008).
State v. Isaac, 756 N.W.2d 817 (Iowa 2008).
· cites it 42× “Iowa Code § 709.9 . Because indecent exposure is "`essentially a visual assault crime,'" State v.”
State v. Jorgensen, 758 N.W.2d 830 (Iowa 2008).
· cites it 12× “Iowa Code § 709.9 . We have previously broken down the crime of indecent exposure into four elements: “1.”
State v. Bauer, 337 N.W.2d 209 (Iowa 1983).
· cites it 21× “Iowa Code § 709.9 (1981). We think the challenge should have been rejected.”
Child. v. Burton, 331 N.W.2d 673 (Iowa 1983).
· cites it 8× “Iowa Code § 709.9 (1979). June Temple gave the police a written statement of her knowledge of the incident she witnessed at Stevenson's.”
State v. Allen, 304 N.W.2d 203 (Iowa 1981).
· cites it 8× “The trial court acquitted him of that charge but found him guilty of indecent exposure under section 709.9. The acquittal was based on a finding that the language specifying the requisite relationship between the offender and victim in section 709.”
State v. Black, 324 N.W.2d 313 (Iowa 1982).
· cites it 4× “Donald Eugene Black pleaded guilty to a charge of indecent exposure in violation of section 709.9, The Code, a serious misdemeanor, and was sentenced to the maximum term of incarceration.”
State v. Blair, 798 N.W.2d 322 (Iowa Ct. App. 2011).
· cites it 6× “Defendant, Clark Allen Blair, appeals from his conviction of indecent exposure, in violation of Iowa Code section 709.9 (2009). He contends 1) there is insufficient evidence to support his conviction of indecent exposure, 2) the jury improperly considered his failure to testify,…”
State v. Wade, 757 N.W.2d 618 (Iowa 2008).
· cites it 2× “On July 5, Wade was charged by trial information with indecent exposure, a serious misdemeanor, in violation of Iowa Code section 709.9. Wade initially entered a plea of not guilty.”
State of Iowa v. Raymond Carl Redmond, 803 N.W.2d 112 (Iowa 2011).
· cites it 2× “Raymond Redmond was charged by trial information with indecent exposure, a serious misdemeanor, in violation of Iowa Code section 709.9 (2009). On October 13, 2009, P.”
State v. Jorgensen, 785 N.W.2d 708 (Iowa Ct. App. 2009).
· cites it 4× “The offenses cited by Jorgensen are distinguishable on their elements from the offense of indecent exposure. Indecent exposure requires, in relevant part, that a person expose his or her genitals or pubes to someone other than a spouse with the specific intent to arouse the…”
State of Iowa v. Darrell Allen Showens, 845 N.W.2d 436 (Iowa 2014).
“§ 709.9(2). A person commits the serious misdemeanor of malicious prosecution when he or she causes or attempts to cause another to be indicted or prosecuted for a public offense, “having no reasonable grounds for believing that the person committed the offense.”
United States v. Johnson, 354 F. Supp. 2d 939 (N.D. Iowa 2005).
· cites it 2× “Cutkomp, one of the government’s witnesses in its case-in-chief, was convicted on March 24, 1995, in the Iowa District Court for Cerro Gordo County of the crime of indecent exposure, a misdemeanor, in violation of Iowa Code § 709.9 ; that he was arrested twice for such conduct,…”
— Iowa Code § 709.9(1) — 10 cases
State v. Bauer, 337 N.W.2d 209 (Iowa 1983).
“Iowa Code § 709.9 (1981). We think the challenge should have been rejected.”
— Iowa Code § 709.9(2) — 5 cases
State of Iowa v. Darrell Allen Showens, 845 N.W.2d 436 (Iowa 2014).
“§ 709.9(2). A person commits the serious misdemeanor of malicious prosecution when he or she causes or attempts to cause another to be indicted or prosecuted for a public offense, “having no reasonable grounds for believing that the person committed the offense.”
State v. Bauer, 337 N.W.2d 209 (Iowa 1983).
“Iowa Code § 709.9 (1981). We think the challenge should have been rejected.”
— Iowa Code § 709.9(2)(a) — 6 cases
— Iowa Code § 709.9(2)(c) — 2 cases
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