A person commits the crime of indecent exposure by exposing the person’s body or private parts (usually genitals, anus, buttocks, or female breasts) in a public place and in the presence of another person who might be offended, alarmed, or annoyed. Laws vary from state to state—including definitions of exposed body parts—and some states require the exposure to have been made with the intent to attract attention or to sexually gratify the person making the indecent exposure, or to sexually gratify another person, or to offend another person.
Indecent exposure laws are generally located in a state’s statutes—often in the penal or criminal code.
In Colorado, indecent exposure is defined under Colorado Revised Statutes Section 18-7-302. A person commits indecent exposure when they knowingly expose their 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 satisfy the sexual desire of any person. Indecent exposure is considered a class 1 misdemeanor, but it can be classified as a class 6 felony if the individual has two or more prior convictions for indecent exposure or other sexual offenses. Additionally, a conviction for indecent exposure can require the individual to register as a sex offender. It is important to note that the law specifies the exposure of genitals, and the intent behind the act is a crucial element for the offense. The statutes do not typically include exposure of the buttocks or female breasts under indecent exposure, but such actions may fall under other offenses such as public indecency.