H-0245.1

HOUSE BILL 2088

State of Washington

66th Legislature

2019 Regular Session

ByRepresentatives Kraft, Mosbrucker, Klippert, Van Werven, and Young

Read first time 02/18/19.Referred to Committee on Public Safety.

AN ACT Relating to the crime of indecent exposure; 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:

(a) 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; or

(b)(i) Is a biological male and intentionally makes any open and obscene exposure of his person in a restroom facility that is designated for use by women; or

(ii) Is a biological female and intentionally makes any open and obscene exposure of her person in a restroom facility that is designated for use by men.

(2) The act of breastfeeding or expressing breast milk is not indecent exposure.

(((2)))(3)(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.

(4) For purposes of this section, "restroom facility" includes any area in a public or private facility that is for toilet use, showering, dressing, or other personal sanitary functions, and is designated for use by a single sex or gender.

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