SB0435112th GA (Historical)Introduced

Amends TCA Title 39.

This bill broadens the offense of indecent exposure and increases the penalties for the offense in certain situations. Under present law, various conduct may be considered indecent exposure, including the following: (1) Knowingly inviting, enticing or fraudulently inducing the child of another into the person's residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of the child: exposure of such person's genitals, buttocks or female breasts; or masturbation; or (2) Knowingly engaging in the person's own residence, in the intended presence of any child, for the defendant's sexual arousal or gratification the following intentional conduct: exposure of the person's genitals, buttocks or female breasts; or masturbation. Under present law, the conduct in (1) and (2) is considered indecent exposure only if the offender is 18 years of age or older and the victim is less than 13 years of age. This bill revises the elements described above in (1) to apply to such conduct against "another" instead of "the child of another" and to include such conduct involving any residence, and not just the offender's residence; to make item (2) applicable regardless of whether in a residence or not; and to make (1) and (2) applicable to victims under the age of 15 instead of 13 (regardless of consent) and to victims 15 years of age or older if the victim did not consent to the conduct. Generally under present law, indecent exposure is a Class B misdemeanor, but if the defendant is 18 years of age or older and the victim is under 13 years of age, indecent exposure is a Class A misdemeanor. This bill revises the penalty for indecent exposure to be a Class E felony if the defendant is 18 years of age or older and the victim is under 15 years of age. Similarly, under present law, if the defendant is 18 years of age or older and the victim is under 13 years of age, and the defendant has any combination of two or more prior convictions for indecent exposure or public indecency, or is a sexual offender, violent sexual offender or violent juvenile sexual offender, the offense is a Class E felony. This bill increases the penalty in such circumstances from a Class E felony to a Class C felony.

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Overview

This bill broadens the offense of indecent exposure and increases the penalties for the offense in certain situations. Under present law, various conduct may be considered indecent exposure, including the following: (1) Knowingly inviting, enticing or fraudulently inducing the child of another into the person's residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of the child: exposure of such person's genitals, buttocks or female breasts; or masturbation; or (2) Knowingly engaging in the person's own residence, in the intended presence of any child, for the defendant's sexual arousal or gratification the following intentional conduct: exposure of the person's genitals, buttocks or female breasts; or masturbation. Under present law, the conduct in (1) and (2) is considered indecent exposure only if the offender is 18 years of age or older and the victim is less than 13 years of age. This bill revises the elements described above in (1) to apply to such conduct against "another" instead of "the child of another" and to include such conduct involving any residence, and not just the offender's residence; to make item (2) applicable regardless of whether in a residence or not; and to make (1) and (2) applicable to victims under the age of 15 instead of 13 (regardless of consent) and to victims 15 years of age or older if the victim did not consent to the conduct. Generally under present law, indecent exposure is a Class B misdemeanor, but if the defendant is 18 years of age or older and the victim is under 13 years of age, indecent exposure is a Class A misdemeanor. This bill revises the penalty for indecent exposure to be a Class E felony if the defendant is 18 years of age or older and the victim is under 15 years of age. Similarly, under present law, if the defendant is 18 years of age or older and the victim is under 13 years of age, and the defendant has any combination of two or more prior convictions for indecent exposure or public indecency, or is a sexual offender, violent sexual offender or violent juvenile sexual offender, the offense is a Class E felony. This bill increases the penalty in such circumstances from a Class E felony to a Class C felony.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 5, 2021

Subjects
1210

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