June 21, 2010
Indecent Exposure and Public Indecency HB 10-1334
Public Indecency HB 10-1334
a. The Legislature rewrote subsection (e);
b. The legislature jettisoned the simple, concise word “masturbation” in subsection (e) for the attack inviting, “A KNOWING EXPOSURE OF THE PERSON'S GENITALS TO THE VIEW OF A PERSON UNDER CIRCUMSTANCES IN WHICH SUCH CONDUCT ISLIKEL Y TO CAUSE AFFRONT OR ALARM TO THE OTHER PERSON;”
c. A second conviction gets bumped up from a petty offense to a class one misdemeanor. Further, if the second conviction under subsection (e) occurs within 5 years of the first, the legislature now defines it as “unlawful sexual behavior,” i.e. the person must register as a sex-offender.
a. The same bill relocated the masturbation section of Public Indecency to 18-7-302, the Indecent Exposure statute. The relocated masturbation section adds the language “in a manner likely to cause affront or alarm;”
b. Further, prosecution must prove the person masturbated with “the intent to satisfy the sexual desire of any person.”