HOUSE BILL REPORT

ESB 6012

As Amended by the House

BYSenators McCaslin and Tanner

Revising provisions relating to indecent exposure.

House Committe on Judiciary

Majority Report:  Do pass with amendment.  (15)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, Hargrove, Heavey, P. King, Lewis, Locke, Moyer, Padden, Patrick, Schmidt, Scott and Wang.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE APRIL 13, 1987

BACKGROUND:

The crime of "public indecency" involves making an "open and obscene exposure" of oneself, knowing it will cause affront or alarm.  A 1983 Washington Court of Appeals decision held that an exposure of one's person must occur in a public place to constitute the crime of public indecency.  The court reasoned that the name of the crime ("public" indecency), and the requirement that its commission be "open," precluded prosecution for an exposure in a private building.

State law generally requires police officers to get an arrest warrant before they may arrest a person for a misdemeanor or gross misdemeanor.  Two exceptions to this general rule are provided.  First, an officer may make an arrest without a warrant if the offense is committed in the officer's presence.  Second, there is an enumerated list of crimes for which an officer may make a warrantless arrest even if the crime was not committed in the officer's presence, so long as the officer has probable cause to believe that the person arrested committed the crime.  Misdemeanors and gross misdemeanors in the enumerated list include crimes involving physical harm or threats of harm to persons or property, possession or use of cannabis, domestic violence and certain traffic law violations.

SUMMARY:

The crime of public indecency is renamed as the crime of indecent exposure.  The requirement that the exposure be "open" is removed.  For a person to be guilty of the crime of indecent exposure, the exposure must be made intentionally.

Any police officer having a probable cause to believe a person has committed indecent exposure may make an arrest whether or not the officer witnessed the crime and whether or not the officer has obtained an arrest warrant.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Monica Benton, Washington Association of Prosecuting Attorneys.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The current law is ineffective to deal with many cases of indecent exposure, especially cases involving adults who lure children into private places.

House Committee - Testimony Against:      None Presented.