CRS § 18-7-302 – Indecent Exposure – Colorado Law & Penalties

Colorado Revised Statute § 18-7-302 prohibits indecent exposure. This crime comprises exposing your genitals to or masturbating in front of another person, and the circumstances of your conduct are likely to alarm them.

Indecent exposure can be a misdemeanor or a felony depending on the case. Though the most devastating consequence is the requirement to register as a Colorado sex offender.

In this article, our Denver criminal defense lawyers will address the following key issues regarding Colorado indecent exposure laws:

• 1. Elements of CRS 18-7-302
• 2. Penalties
• 3. Sex Offender Registration
• 4. Defenses
• 5. Public Indecency
• Frequently Asked Questions
• Additional Reading

1. Elements of CRS 18-7-302

For you to be convicted of indecent exposure in Colorado, prosecutors have to prove beyond a reasonable doubt either of the following two scenarios.

The first type of indecent exposure is that:

1. You knowingly exposed your genitals to the view of any person,
2. The circumstances of your conduct were likely to cause affront or alarm to the other person, and
3. You intended to arouse or to satisfy the sexual desire of any person.

Classic examples are a man in a trench coat flashing a bystander in the park or a prostitute flashing her genitals on the street in attempt to lure a “john.” Although most of these cases occur in public, that is not a requirement – indecent exposure is just as unlawful in a private residence.

The second type of indecent exposure is that:

1. You knowingly masturbated to the view of any person, and
2. The circumstances of your conduct were likely to cause affront or alarm to the other person.

A classic example is a man putting his hands down his pants in the back of a bus. Note that with this type of indecent exposure, it is not necessary that the genitals be exposed.

In any case, your intent and the location of the incident are important when determining whether indecent exposure occurred. For instance, going naked on a nude beach should not be alarming to anyone else there. Similarly, sunbathing naked in your walled and private backyard is not a crime if a neighbor unexpectedly appears uninvited and you cover up immediately.¹

Exposing your genitals to another person in a manner likely to cause alarm is a crime.

2. Penalties

In Colorado, indecent exposure is generally a class 1 misdemeanor carrying up to 364 days in jail and/or $1,000. However, indecent exposure becomes a class 6 felony if either:

• You already had two prior convictions of indecent exposure or a comparable offense; or
• You knew that the person in view was younger than 15 years old, and you were at least 18 years old.

Additional penalties may include treatment or counseling and other probationary terms. As discussed below, you also have to register as a sex offender.²

3. Sex Offender Registration

A Colorado conviction for indecent exposure places you on the Colorado Bureau of Investigation’s sex offender registry.³ Though if your conviction was for a misdemeanor, you should not be searchable by the public.

Following an indecent exposure conviction, you have to register with the local chief of police or county sheriff in any jurisdiction where you reside. This includes providing your:

• Name,
• Date of birth,
• address,
• Place of employment,
• Fingerprints,
• Photograph,
• Email addresses, and
• Instant messaging or chat room identities.

You will also have to re-register annually within five days of your birthday. In addition, you must re-register if you change your address or begin working at an institution of higher education.

Failure to register as a sex offender is its own separate crime that can land you behind bars.⁴

Violating CRS 18-7-302 is typically a misdemeanor crime.

4. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with sex crimes such as indecent exposure. In our experience, the following five defenses have proven very effective with prosecutors, judges, and juries at getting CRS 18-7-302 charges reduced or dismissed.

1. The exposure was unintentional. Innocent accidents are not crimes.
2. Your genitals were not exposed. Being scantily clad is not indecent exposure as long as your genitals are covered.
3. False accusations. The accuser may be trying to get you into trouble out of anger or revenge or to get a leg up in an ongoing child custody case.
4. Mistaken identity. It is not unusual for victims to choose the wrong person out of a lineup, especially if they are traumatized or the incident occurred at night.
5. There was no one around to be offended. Exposing your genitals is only “indecent exposure” if there is an audience.

5. Public Indecency

In Colorado, the act of exposing private parts other than your genitals is prosecuted as the less serious crime of public indecency. Examples include flashing your breasts, buttocks, anus, or upper pubic area in public.

Public indecency is a petty offense carrying up to 10 days in jail and/or $300.⁵

Failing to register as a sex offender following an indecent exposure conviction is a separate crime.

Frequently Asked Questions

What happens if I am convicted of indecent exposure in Colorado?

If convicted of indecent exposure in Colorado, you face up to 364 days in jail and/or $1,000 in fines for a misdemeanor.

More importantly, you must register as a sex offender with local police or sheriff, providing personal information like your name, address, employment, and photo. You will need to re-register annually and when you move or start working at a college.

When does indecent exposure become a felony instead of a misdemeanor?

Indecent exposure becomes a class 6 felony in two situations: (1) If you have two prior convictions for indecent exposure or similar offenses, or (2) if you knew the person viewing was under 15 years old and you were at least 18 years old. Felony charges carry more severe penalties than the standard misdemeanor.

What defenses can I use against indecent exposure charges?

Common defenses include proving the exposure was accidental, showing your genitals were not actually exposed, demonstrating false accusations or mistaken identity, or showing no one was around to be offended. The key is showing you did not intentionally expose yourself in circumstances likely to alarm others.

How is indecent exposure different from public indecency in Colorado?

Indecent exposure involves exposing genitals or masturbating in view of others under alarming circumstances. Public indecency is less serious and covers exposing other private parts like breasts, buttocks, or upper pubic area.

Public indecency is only a petty offense with up to 10 days in jail and/or $300 fine and does not require sex offender registration.

Additional Resources

For more in-depth information, refer to these scholarly articles:

• Revealing the Bare Uncertainties of Indecent Exposure – Columbia Journal of Law & Social Problems.
• Criminal Law and Procedure: Indecent Exposure: Nudism – Michigan Law Review.
• Indecent exposure: a serious ‘nuisance’ offence – Women’s History Review.

Legal References