Naked truth behind Iowa law exposed

It may be difficult to find the naked truth in Iowa's indecent exposure law.

The complexities of the state's law are themselves being exposed after a man complained about seeing a couple having sex in a rural park north of Iowa City, but both the Johnson County attorney and sheriff said there's more to the law than just proving someone was naked.

“There is more we have to prove,” said Johnson County Attorney Janet Lyness.

KCRG-TV9 reported in the wake of the complaint that Hawkeye Wildlife Reserve is known as a spot for homosexual sex. But Lyness said she hasn't heard of any complaints about such behavior in the park.

Even if it's true, she said, state code is specific about what must be proven - and it goes beyond just someone exposing himself.

Authorities also must prove the person was doing so to satisfy the sexual desires of either himself or the person who is watching, and that the person knew or reasonably should have known that act is offensive to the viewer, Lyness said.

“It very much depends on the circumstances,” she said.

Sheriff Lonny Pulkrabek said the law can be difficult to enforce.

“There has to be some very specific intent in there,” he said.

Pulkrabek said that until Tony Brewer of Cedar Rapids stepped forward to complain that he was out walking with his son when they saw two men having sex, he had never heard that Hawkeye Wildlife Reserve had become a “common hookup spot.”

The complexity of the law doesn't mean his office won't investigate complaints. It's just that the complaint may not always result in charges being filed, he said.

But he doesn't doubt that people are meeting for sex in rural places.

“There are lots of other areas where officers routinely come across people having sex,” Pulkrabek said. “A fact is, people have been going to remote locations to have sex since the beginning of time.”

The remote location is one reason why it makes charging people so difficult, he said.

“They don't expect to be found because it's remote,” Pulkrabek said.