The State of Colorado / District Attorney’s Office will have to prove, beyond a reasonable doubt, the following things for a person to be convicted of Indecent Exposure pursuant to Colorado Revised Statue 18-7-302.
18-7-302. Indecent exposure
(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 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.
(5) 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.
Indecent exposure is a class one misdemeanor and can be elevated to a class 6 felony if the defendant has two prior convictions for a comparable violation. A person convicted of Indecent exposure will have to comply with sex offender registration requirements.