(1) A person commits indecent exposure:
(a) 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;
(b) 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.
(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:
(a) 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; or
(b) When the person who commits indecent exposure knew there was a child in view of the act and the person is more than eighteen years of age and more than four years older than the child.
(5) As used in this section, unless the context otherwise requires:
(a) "Child" means a person under fifteen years of age.
(b) "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. L. 2023: (4) and (5) amended, (HB 23-1135), ch. 422, p. 2479, § 1, effective June 7.
PART 4 CHILD PROSTITUTION Editor's note: This part 4 was repealed in 1977 and was subsequently recreated and reenacted in 1979, resulting in the addition, relocation, and elimination of sections as well as subject matter. This part 4 was not amended prior to its repeal in 1977. For the text of this part 4 prior to 1977, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
Notes of Decisions
Cited in
24
cases (
1 in the last 5 years), 1981–2025 · leading case:
People v. Schreiber, 226 P.3d 1221 (Colo. Ct. App. 2009).
People v. Schreiber, 226 P.3d 1221 (Colo. Ct. App. 2009).
· cites it 34× “Schreiber, entered on a jury verdict finding him guilty, as relevant here, of felony indecent exposure, see section 18-7-302(1), (4), C.R.S.2009. Because Schreiber's assertions of evidentiary error do not warrant publication under C.”
People v. Huber, 139 P.3d 628 (Colo. 2006).
· cites it 4× “(2005); [1] attempted sexual assault on a child by one in a position of trust, section 18-2-101; and indecent exposure, section 18-7-302. Two additional counts of indecent exposure were later added to the information.”
People in the Interest of J.O., 2015 COA 119 (Colo. Ct. App. 2015).
· cites it 11× “, or indecent exposure, as described in section 18-7-302, C.R.S.; and (IV) The person has received a sex offender evaluation that conforms with the standards developed pursuant to section 16-11.”
v. People, 2020 CO 79 (Colo. 2020).
· cites it 2× “” Thus, the language and structure of the statute indicate that the General Assembly intended a defendant’s prior convictions to serve as a penalty enhancement rather than a substantive element.”
People v. Randall, 711 P.2d 689 (Colo. 1985).
· cites it 9× “2 The defendant asserts that section 18-7-302, 8 C.R.S. (1978), violates the due process clauses of the United States and Colorado Constitutions.”
A.S. v. People, 312 P.3d 168 (Colo. 2013).
· cites it 3× “(2013)) than a class 6 felony that is non-violent unlawful sexual behavior (for instance, indecent exposure under section 18-7-302(4), CRS. (2018)). The prosecution's interpretation of subsection (5)(a)(T)(A)-substituting "shall" for "may"contradicts the General Assembly's…”
People v. Vigil, 328 P.3d 1066 (Colo. Ct. App. 2013).
· cites it 5× “120 A division of this court has also addressed a similar statute, section 18-7-302(4), C.R.S. 2012, which provides that indecent exposure is a class six felony if the defendant has been convicted twice previously of the same or a comparable offense, which may be a misdemeanor.”
People v. Barrus, 232 P.3d 264 (Colo. Ct. App. 2010).
· cites it 3× “” Section 18-7-302(1), C.R.S.2009. Thus, “[t]he statute delineates the elements of the offense as a(l) knowing (2) exposure of genitals to the view of any person (3) under circumstances in which the exposure is likely to cause affront or alarm to the other person.”
v. Quezada-Caro, 2019 COA 155 (Colo. Ct. App. 2019).
· cites it 2× “And, in other statutory schemes, the General Assembly similarly placed a prior conviction sentence enhancer in the same section as the elements of the offense, rather than in a separate sentencing section.”
Commonwealth v. Quinn, 789 N.E.2d 138 (Mass. 2003).
“Code § 13A-6-68 (1934); Colo. Rev. Stat. § 18-7-302 (2002); Haw. Rev.”
People v. Trujillo, 251 P.3d 477 (Colo. Ct. App. 2010).
· cites it 2× “Section 18-7-302, the indecent exposure statute, is not limited to child victims.”
— Colo. Rev. Stat. § 18-7-302(1) — 9 cases
People v. Randall, 711 P.2d 689 (Colo. 1985).
“2 The defendant asserts that section 18-7-302, 8 C.R.S. (1978), violates the due process clauses of the United States and Colorado Constitutions.”
People v. Schreiber, 226 P.3d 1221 (Colo. Ct. App. 2009).
“Schreiber, entered on a jury verdict finding him guilty, as relevant here, of felony indecent exposure, see section 18-7-302(1), (4), C.R.S.2009. Because Schreiber's assertions of evidentiary error do not warrant publication under C.”
People in the Interest of J.O., 2015 COA 119 (Colo. Ct. App. 2015).
“, or indecent exposure, as described in section 18-7-302, C.R.S.; and (IV) The person has received a sex offender evaluation that conforms with the standards developed pursuant to section 16-11.”
People v. Barrus, 232 P.3d 264 (Colo. Ct. App. 2010).
“” Section 18-7-302(1), C.R.S.2009. Thus, “[t]he statute delineates the elements of the offense as a(l) knowing (2) exposure of genitals to the view of any person (3) under circumstances in which the exposure is likely to cause affront or alarm to the other person.”
— Colo. Rev. Stat. § 18-7-302(1)(a) — 4 cases
v. Lopez, 2020 COA 119 (Colo. Ct. App. 2020).
— Colo. Rev. Stat. § 18-7-302(1)(b) — 3 cases
— Colo. Rev. Stat. § 18-7-302(2)(b) — 1 case
People v. Schreiber, 226 P.3d 1221 (Colo. Ct. App. 2009).
“Schreiber, entered on a jury verdict finding him guilty, as relevant here, of felony indecent exposure, see section 18-7-302(1), (4), C.R.S.2009. Because Schreiber's assertions of evidentiary error do not warrant publication under C.”
— Colo. Rev. Stat. § 18-7-302(4) — 5 cases
People v. Schreiber, 226 P.3d 1221 (Colo. Ct. App. 2009).
“Schreiber, entered on a jury verdict finding him guilty, as relevant here, of felony indecent exposure, see section 18-7-302(1), (4), C.R.S.2009. Because Schreiber's assertions of evidentiary error do not warrant publication under C.”
A.S. v. People, 312 P.3d 168 (Colo. 2013).
“(2013)) than a class 6 felony that is non-violent unlawful sexual behavior (for instance, indecent exposure under section 18-7-302(4), CRS. (2018)). The prosecution's interpretation of subsection (5)(a)(T)(A)-substituting "shall" for "may"contradicts the General Assembly's…”
People v. Vigil, 328 P.3d 1066 (Colo. Ct. App. 2013).
“120 A division of this court has also addressed a similar statute, section 18-7-302(4), C.R.S. 2012, which provides that indecent exposure is a class six felony if the defendant has been convicted twice previously of the same or a comparable offense, which may be a misdemeanor.”
v. Lopez, 2020 COA 119 (Colo. Ct. App. 2020).
— Colo. Rev. Stat. § 18-7-302(l)(b) — 1 case
People in the Interest of J.O., 2015 COA 119 (Colo. Ct. App. 2015).
“, or indecent exposure, as described in section 18-7-302, C.R.S.; and (IV) The person has received a sex offender evaluation that conforms with the standards developed pursuant to section 16-11.”
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