BILL REQ. #: H-4900.1

_____________________________________________

SUBSTITUTE HOUSE BILL 2645
_____________________________________________

State of Washington

58th Legislature

2004 Regular Session

By House Committee on Criminal Justice & Corrections (originally sponsored by Representatives O'Brien, Lovick, Pearson, Delvin and D. Simpson)

READ FIRST TIME 02/06/04.

AN ACT Relating to municipal indecent exposure and lewd conduct convictions; amending RCW 9A.88.010; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 9A.88.010 and 2003 c 53 s 92 are each amended to read as follows:
     (1) A person is guilty of indecent exposure if he or she intentionally makes any open and obscene exposure of his or her person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm. The act of breastfeeding or expressing breast milk is not indecent exposure.
     (2)(a) Except as provided in (b) and (c) of this subsection, indecent exposure is a misdemeanor.
     (b) Indecent exposure is a gross misdemeanor on the first offense if the person exposes himself or herself to a person under the age of fourteen years.
     (c) Indecent exposure is a class C felony if the person has previously been convicted under this section, under any municipal lewd conduct or indecent exposure ordinance for conduct that would also constitute a violation of this section, or of a sex offense as defined in RCW 9.94A.030.

NEW SECTION. Sec. 2 This act takes effect July 1, 2004.

--- END ---