IN THE COURT OF APPEALS OF IOWA
No. 17-0964
Filed May 2, 2018
STATE OF IOWA,
Plaintiff-Appellee,
vs.
ADAM LUCAS BUSH,
Defendant-Appellant.
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Appeal from the Iowa District Court for Johnson County, Jason A. Burns,
District Associate Judge.
Defendant appeals his conviction for indecent exposure. AFFIRMED.
Mark C. Smith, State Appellate Defender, and Shellie L. Knipfer, Assistant
Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, and Sheryl A. Soich, Assistant Attorney
General, for appellee.
Considered by Doyle, P.J., Bower, J., and Blane, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2018).
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BOWER, Judge.
Adam Bush appeals his conviction for indecent exposure. We find his
conviction is supported by substantial evidence and affirm his conviction.
On January 31, 2016, Christopher Heck and a friend were walking into the
Old Capitol Mall in Iowa City, when Heck saw a man, later identified as Bush, “with
his penis out, with his hand on his penis.” As Heck walked by he made eye contact
with Bush, who covered himself with his jacket. Once Heck was inside the mall,
he looked back and saw Bush had again exposed his penis and had his hand on
it. Heck testified he believed Bush was stroking himself. Heck stated, “I was
offended by it, and I got a bad vibe from it.”
Heck called the police. When officers arrived, Bush was attempting to leave
on a bicycle. The officers noticed the zipper on Bush’s pants was open. The
officers obtained a video recording of the incident from the mall security system.
Bush was charged with indecent exposure, in violation of Iowa Code section
709.9 (2016), a serious misdemeanor. The trial information also noted Bush would
be subject to enhanced sentencing under section 901A.2(2) because he had two
previous convictions for indecent exposure. Bush was found guilty by a jury and
he admitted his previous convictions. He was sentenced to a term of imprisonment
not to exceed ten years. Bush now appeals his conviction.
Bush was convicted under section 709.9, which provides,
A person who exposes the person’s genitals or pubes to
another not the person’s spouse or who commits a sex act in the
presence of or view of a third person, commits a serious
misdemeanor if:
1. The person does so to arouse or satisfy the sexual
desires of either party; and
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2. The person knows or reasonably should know that the
act is offensive to the viewer.
Bush claims the State did not present sufficient evidence to show he
exposed himself with the intent “to arouse or satisfy the sexual desires” of anyone.
See Iowa Code § 709.9(1). He points out Heck testified at the trial he was unsure
if Bush’s penis was erect and told officers at the time he believed Bush’s penis was
flaccid. Bush states there is insufficient evidence to show he was stroking his penis
or masturbating.
The offense of indecent exposure requires the exposure be sexually
motivated. State v. Blair, 798 N.W.2d 322, 326 (Iowa Ct. App. 2011). “The
requisite intent to arouse or gratify the sexual desire of any person can be inferred
from an accused’s conduct, remarks, and all surrounding circumstances.” State v.
Jorgensen, 758 N.W.2d 830, 837 (Iowa 2008). A person’s intent can seldom be
proven by direct evidence and is usually a matter for the jury to determine from
circumstantial evidence. State v. Hennings, 791 N.W.2d 828, 837 (Iowa 2010)
(“Juries are capable of making determinations regarding intent and motivation.”).
We have previously noted, “[N]either an erection nor masturbation is a
prerequisite for an indecent exposure conviction.” State v. Thede, No. 15-0751,
2016 WL 5930417, at *5 (Iowa Ct. App. Oct. 12, 2016). In Blair, we found there
was sufficient evidence of the defendant’s sexual motivation from evidence he was
observed “with his hand holding his penis above the waistband of his pants,
moving his hand back and forth like he was petting a dog,” while standing in front
of a window. 798 N.W.2d at 326. During the trial, Heck testified, “I believe I saw
him stroking himself.” In addition to Heck’s testimony, the video shows Bush
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moving his hand on his penis as he was standing in front of the glass doors leading
into the Old Capitol Mall. We conclude there is sufficient evidence in the record to
support a finding Bush exposed his genitals “to arouse or satisfy the sexual desires
of either party.” See Iowa Code § 709.9(1).
We affirm Bush’s conviction for indecent exposure.
AFFIRMED.