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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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709.21  Invasion of privacy nudity.

     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 have knowledge about and 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 a serious misdemeanor.

2004 Acts, ch 1099, 1

[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:
      
...

    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.]

2011 IOWA CODE
Statutes (Code Chapters & Sections)
TITLE XVI CRIMINAL LAW AND PROCEDURE
SUBTITLE 1 CRIME CONTROL AND CRIMINAL ACTS
CHAPTER 728 OBSCENITY

728.5 Public indecent exposure in certain establishments.

  
1. 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:
         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
Section amended

728.8 Suspension of licenses or permits.

Any person who knowingly permits a violation of section 728.2, 728.3, or 728.5, subsection 6, to occur on premises under the person's control shall have all permits and licenses issued to the person under state or local law as a prerequisite for doing business on such premises revoked for a period of six months. The county attorney shall notify all agencies responsible for issuing licenses and permits of any conviction under section 728.2, 728.3, or 728.5, subsection 6.

[C75, 77, 725.6; C79, 81, 728.8]
92 Acts, ch 1029, 2; 97 Acts, ch 125, 4

 


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