Colorado
18-7-302, Indecent Exposure. (1) A person commits indecent exposure if he knowingly exposes his genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person.
From NAC's website:
COLORADO
18-7-301. Public indecency.
(1) Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency:
(a) An act of sexual intercourse; or
(b) An act of deviate sexual intercourse; or
(c) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of any person; or
(d) A lewd fondling or caress of the body of another person.
(2) Public indecency is a class 1 petty offense.
History
Source:L. 71: R&RE, p. 453, 1. C.R.S. 1963: 40-7-301.
Annotations
Am. Jur.2d. See 50 Am. Jur.2d, Lewdness, Indecency, and Obscenity, 17.
C.J.S. See 67 C.J.S., Obscenity, 8.
The plain language of this offense reflects the general assembly's intent to make public indecency a strict liability crime without a culpable mental state. Because this section makes it a crime to perform any of the stated acts where the conduct may reasonably be expected to be viewed by members of the public, it does not matter whether the defendant knew he was in a public place. The objective standard depends on what a reasonable person in the defendant's position should have known. Therefore, the trial court did not err in rejecting a jury instruction that would have required the jury to find the defendant knew he was in a public place. People v. Hoskay, 87 P.3d 194 (Colo. App. 2003).
18-7-302 - Indecent exposure.
(1) A person commits indecent exposure if he knowingly exposes his genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person.
(2) (a) (Deleted by amendment, L. 2003, p. 1435, 31, effective July 1, 2003.)
(b) Indecent exposure is a class 1 misdemeanor.
(3) (Deleted by amendment, L. 2002, p. 1587, 21, effective July 1, 2002.)
(4) Indecent exposure is a class 6 felony if the violation is committed subsequent to two prior convictions of a violation of this section or of a violation of a comparable offense in any other state or in the United States, or of a violation of a comparable municipal ordinance.
History
Source:L. 72: p. 275, 4. C.R.S. 1963: 40-7-302. L. 77: (1) amended, p. 965, 36, effective July 1. L. 94: (2) amended and (3) and (4) added, p. 1721, 18, effective July 1. L. 95: (2) to (4) amended, p. 1254, 15, effective June 3. L. 2002: (2)(b), (3), and (4) amended, p. 1587, 21, effective July 1. L. 2003: (2) and (4) amended, p. 1435, 31, effective July 1.
Annotations
Am. Jur.2d. See 50 Am. Jur.2d, Lewdness, Indecency, and Obscenity, 17.
C.J.S. See 67 C.J.S., Obscenity, 9, 10.
Subsection (1) provides a sufficiently clear standard of conduct, and application of the statute of the defendant's conduct did not deprive him of due process of law. People v. Randall, 711 P.2d 689 (Colo. 1985).
What i have noticed in many state laws regarding this is the intent to cause or create afront or alarm. So I would dare say that if I'm naked in my backyard and I get a ticket, I don't know how well this would work, but since I expect total privacy in my backyard, if I'm naked I'm not doing it there with the intent to cause any discomfort to others. If I were to I sure wouldn't waste my time in my backyard. I'd be out on main street during lunch hour.
Intent is everything. Is it there or not?
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