Amends TCA Title 36; Title 39; Title 40 and Title 68.

Present law provides that a person commits the offense of indecent exposure if the person is:<br /> <br /> (1) In a public place or on the private premises of another, or so near as to be seen from the private premises, and (i) intentionally exposes the person's genitals or buttocks to another, or engages in sexual contact or sexual penetration, and (ii) reasonably expects that the acts will be viewed by another and the acts will offend an ordinary viewer; or are for the purpose of sexual arousal and gratification of the defendant; or <br /> <br /> (2) A defendant 18 or older and the child victim is less than 13, and the person knowingly (i) invites, entices, or fraudulently induces the child of another into the person's residence for the purpose of attaining sexual arousal or gratification by intentionally exposing such person's genitals, buttocks, or female breasts or engaging in masturbation; or (ii) engages in the person's own residence, in the intended presence of any child, for the defendant's sexual arousal or gratification the intentional conduct of exposing the person's genitals, buttocks, or female breasts; or masturbation.<br /> <br /> Under present law, indecent exposure is a Class B misdemeanor unless the defendant is 18 or older and the victim is under 13, then it is a Class A misdemeanor. However, if the defendant is 18 or older and the victim is under 13 and the defendant has any combination of two or more prior convictions under present law or is a sexual offender, violent sexual offender, or violent juvenile sexual offender, then it is a Class E felony. Additionally, if the defendant is 18 or older and the victim is under 13, and the offense occurs on the property of any public school, private or parochial school, licensed day care center, or other child care facility during a time at which a child or children are likely to be present on the property, then it is a Class E felony.<br /> <br /> This bill increases the age of a victim referenced in (2) above, and in the above provision regarding penalties, to under 18. <br /> <br /> ON MARCH 18, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1811, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites the bill to, instead, revise indecent exposure law, as follows:<br /> <br /> (1) Provides that a person commits the offense of indecent exposure who knowingly invites, entices, or fraudulently induces a minor 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 minor without the consent of the minor: (i) exposure of such person's genitals, buttocks, or female breasts; or (ii) masturbation;<br /> <br /> (2) Provides that a person commits the offense of indecent exposure who knowingly engages in the person's own residence, in the intended presence of any minor, without the consent of the minor, for the defendant's sexual arousal or gratification the following intentional conduct: (i) exposure of the person's genitals, buttocks, or female breasts; or (ii) masturbation; and<br /> <br /> (3) Clarifies that for (1) and (2) above to apply, the defendant must be 18 or older and the child victim must be at least 13 but no more than 17.<br />