(1) A person commits indecent exposure: (a) If he or she knowingly exposes his or her genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person with the intent to arouse or to satisfy the sexual desire of any person; (b) If he or she knowingly performs an act of masturbation in a manner which exposes the act to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person. (2) (a) (Deleted by amendment, L. 2003, p. 1435, § 31, effective July 1, 2003.) (b) Indecent exposure is a class 1 misdemeanor. (3) (Deleted by amendment, L. 2002, p. 1587, § 21, effective July 1, 2002.) (4) Indecent exposure is a class 6 felony if the violation is committed: (a) Subsequent to two prior convictions of a violation of this section or of a violation of a comparable offense in any other state or in the United States, or of a violation of a comparable municipal ordinance; or (b) When the person who commits indecent exposure knew there was a child in view of the act and the person is more than eighteen years of age and more than four years older than the child. (5) As used in this section, unless the context otherwise requires: (a) "Child" means a person under fifteen years of age. (b) "Masturbation" means the real or simulated touching, rubbing, or otherwise stimulating 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.
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