BILL REQ. #:  H-1956.3 

READ FIRST TIME 02/19/07.   

     AN ACT Relating to indecent exposure; amending RCW 9A.88.010; and prescribing penalties.

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) Except as provided in (c)(i) of this subsection, 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:
     (i) On the first offense, the person exposes himself or herself to a person under the age of fourteen years and there was a finding of sexual motivation under RCW 9.94A.835 or 13.40.135; or
     (ii) The person has previously been convicted under this section or of a sex offense as defined in RCW 9.94A.030.