Iowa Code

Iowa Code § 728.5 (2026)

Public indecent exposure in certain establishments

✓ current as of July 2026

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1. An owner, manager, or person who exercises direct control over a place of business required to obtain a sales or use tax permit shall be guilty of a serious misdemeanor under any of the following circumstances: a. If such person allows or permits the actual or simulated public performance of any sex act upon or in such place of business. b. 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. c. 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. d. 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. e. If such person advertises that any activity prohibited by this section is allowed or permitted in such place of business. f. 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. 2. However, if such person allows or permits a minor to participate in any act included in subsection 1, paragraphs “a” through “d”, the person shall be guilty of an aggravated misdemeanor. 3. Except for subsection 1, paragraph “f”, 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; 2010 Acts, ch 1078, §2; 2022 Acts, ch 1138, §34 Referred to in §728.8

Notes of Decisions

Cited in 6 cases, 1979–2012 · leading case: Mall Real Est., L.L.C., an Iowa Ltd. Liab. Co. v. City of Hamburg, an Iowa Mun. Corp., 818 N.W.2d 190 (Iowa 2012).

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Mall Real Est., L.L.C., an Iowa Ltd. Liab. Co. v. City of Hamburg, an Iowa Mun. Corp., 818 N.W.2d 190 (Iowa 2012). · cites it 91× “Iowa Code § 728.5 (2009). The Eighth Circuit Court of Appeals held section 728.”

Three K. C. v. Richter, 279 N.W.2d 268 (Iowa 1979). · cites it 22× “The legislature provided in section 728.5, The Code 1979: A holder of a liquor license or beer permit or any owner, manager, or person who exercises direct control over any licensed premises defined in section 123.”

State v. Bauer, 337 N.W.2d 209 (Iowa 1983). · cites it 4× “See Iowa Code § 728.5 (public indecent exposure); Dunahoo, 29 Drake L.”

State v. Hunter, 550 N.W.2d 460 (Iowa 1996). · cites it 2× “Iowa Code § 728.5 (prohibiting public exposure of “the genitals or buttocks or female breast”) (emphasis added).”

State v. Jorgensen, 785 N.W.2d 708 (Iowa Ct. App. 2009). · cites it 2× “3), and public indecent exposure in a place of business (section 728.5), are not subject to section 903B.”

Ronald G. Farkas v. Thomas J. Miller, 151 F.3d 900 (8th Cir. 1998). · cites it 2× “Iowa Code § 728.5 . Prior to the amendments, the statute’s prohibitions were directed at the “holder of a liquor license or beer permit or any owner, manager, or person who exercises direct control over any [such] licensed premises.”

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