Badge
Badge
Badge
Badge
Badge
Badge
Badge
Badge

Indecent Exposure

The Purpose of this Sub Website is to assist present and future clients who are under investigation, charged with Colorado Criminal Acts – or have friends or loved ones who have a need to understand the crimes they are facing. I believe knowledge is power – that is why I continuously work on this and other web sites on Colorado Criminal Laws and Issues.

Colorado Misdemeanor & Felony – Indecent Exposure (18-7-302)

18-7-302. Indecent exposure.

  1. A person commits indecent exposure:
    1. If he or she knowingly exposes his or her genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person with the intent to arouse or to satisfy the sexual desire of any person;
    2. If he or she knowingly performs an act of masturbation in a manner which exposes the act to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person.
    1. (Deleted by amendment, L. 2003, p. 1435, § 31, effective July 1, 2003.)
    2. Indecent exposure is a class 1 misdemeanor.
  2. (Deleted by amendment, L. 2002, p. 1587, § 21, effective July 1, 2002.)
  3. 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.
  4. For purposes of this section, “masturbation” means the real or simulated touching, rubbing, or otherwise stimulating of a person’s own genitals or pubic area for the purpose of sexual gratification or arousal of the person, regardless of whether the genitals or pubic area is exposed or covered.

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. L. 2010: (1) amended and (5) added, (HB 10-1334), ch. 359, p. 1708, § 2, effective August 11.

Annotation

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).

Elements of offense not satisfied simply by proof that defendant was naked. A person must do something that would make his or her genitals visible to another person. People v. Barrus, 232 P.3d 264 (Colo. App. 2009).

Subsection (4) is a sentence enhancer, not a substantive offense. Therefore, the prosecution must prove the prior convictions to the court, not the jury. The burden of proof to the court is preponderance of the evidence. People v. Schreiber, 226 P.3d 1221 (Colo. App. 2009).

Here is the link to the Actual Bill Showing the August 2010 Changes

Client Reviews
★★★★★
"Mr. Steinberg provided my family with expert handling of my son's case. He took extra time understand the case, to consult with us during the pretrial proceedings, and to support him for a plea agreement. Mr. Steinberg is very knowledge about the law and very professional. He guided us in achieving the best possible outcome for my son. If I am ever in need of law services again, I will certainly have Mr. Steinberg handle my case. l also highly recommend his services to anyone that might be in need of an excellent defense attorney!" Tanya Witt
★★★★★
"I found myself in criminal trouble, that I wasn't guilty of and thanks to Mr. Steinberg's dedication and hard work, right before we we're looking at having to continue on to trial level Mr. Steinberg was able to use his vast knowledge of the law and his many respected years in the system to find a way to show my innocence. After a very unsure and somewhat difficult time for me, this very skilled and knowledgeable attorney was able to find the right path to take to reach a dismissal in my case. For that I can't tell you how much I appreciate his representation and his excellent understanding and helpful personality. He's a great man and an even better attorney but don't misunderstand him, he is an attorney not a therapist. Thanks H." Josh
★★★★★
"Working with Michael Steinberg was a wonderful experience. Truly people need to know that he is a expert in what he does. His personality is compassionate, intellectual, and down to earth. I glean that Michael is fun to be around. In the time I worked with him, it was a pleasure to be around him. As for my case, the outcome was amazing and couldn’t be better. He has made my life more manageable because of the outcome of my case. I’ve worked with other lawyers in the Denver area. He is superior to them all. If you’re in need of a lawyer and you come across Mr. Steinberg look no further he’s going to be the one you need. Thank you again Michael." Renee Taylor