BILL REQ. #:  H-0240.1 

Read first time 01/20/2005.   Referred to Committee on Criminal Justice & Corrections.

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

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)) in this state or elsewhere of indecent exposure and the elements of the previous offense are identical to the elements of indecent exposure as defined in this section or if the person has previously been convicted of a sex offense as defined in RCW 9.94A.030.