from the Iowa District Court for Johnson County, Jason A.
Burns, District Associate Judge.
appeals his conviction for indecent exposure.
C. Smith, State Appellate Defender, and Shellie L. Knipfer,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Sheryl A. Soich, Assistant
Attorney General, for appellee.
Considered by Doyle, P.J., Bower, J., and Blane, S.J.
Bush appeals his conviction for indecent exposure. We find
his conviction is supported by substantial evidence and
affirm his conviction.
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
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.
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.
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