State of Iowa v. Troy Harley Jorgensen

Summary

The Iowa Supreme Court affirmed Troy Harley Jorgensen’s conviction for indecent exposure under Iowa Code section 709.9. The court held that the statute does not require the defendant to know the specific identity of the viewer or to know that he was being observed through a closed-circuit video system. The court concluded that substantial evidence supported each element of the offense and affirmed the decisions of the district court and court of appeals.

Holdings

1. Iowa Code section 709.9 does not require the actor to know the identity of the specific person or persons to whom he exposes himself. A public exposure may satisfy the statute when the actor exposes his genitals to another person who is not the actor's spouse, even if the observed viewers were not the intended audience.
2. Substantial evidence supported Jorgensen's conviction because the store employees observed his exposed genitals, he acted to arouse his own sexual desires, the employees were offended, and the circumstances established that he knew or should have known they would be offended.

Questions Presented

1. Whether sufficient evidence supported Jorgensen's conviction for indecent exposure when the employees who observed him were not the intended target of his sexual conduct and he allegedly did not know he was being observed through a closed-circuit video system.
2. Whether Iowa Code section 709.9 requires the actor to know the identity of the particular person to whom he exposes himself.

Disposition

affirmed