BILL REQ. #:  H-3332.1 

Read first time 01/19/2004.   Referred to Committee on Criminal Justice & Corrections.

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

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

Sec. 1   RCW 9A.88.010 and 2001 c 88 s 2 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) Indecent exposure is a misdemeanor unless such person exposes himself or herself to a person under the age of fourteen years in which case indecent exposure is a gross misdemeanor on the first offense and, if such person has previously been convicted under this subsection ((or)), of a sex offense as defined in RCW 9.94A.030, or any municipal lewd conduct or indecent exposure ordinance, then such person is guilty of a class C felony punishable under chapter 9A.20 RCW.

Sec. 2   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 ((or)), of a sex offense as defined in RCW 9.94A.030, or any municipal lewd conduct or indecent exposure ordinance.

NEW SECTION.  Sec. 3   Section 1 of this act expires July 1, 2004.

NEW SECTION.  Sec. 4   Section 2 of this act takes effect July 1, 2004.