1. 1. A person commits the offense of sexual misconduct in the first degree if such person:

   1. (1) Exposes his or her genitals under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm;
   2. (2) Has sexual contact in the presence of a third person or persons under circumstances in which he or she knows that such conduct is likely to cause affront or alarm; or
   3. (3) Has sexual intercourse or deviate sexual intercourse in a public place in the presence of a third person.
2. 2. The offense of sexual misconduct in the first degree is a class B misdemeanor unless the person has previously been found guilty of an offense under this chapter, in which case it is a class A misdemeanor.

(L. 1994 S.B. 693, A.L. 2004 H.B. 1055, A.L. 2013 H.B. 215)

*This section was amended by S.B. 491, 2014, effective 1-01-17. Due to the delayed effective date, both versions of this section are printed here.