Sunday, January 10, 2016

Colorado Exposure laws

This is outrageous! Laws are FAR to broad.


Define Lewd
crude and offensive in a sexual way. (Who has the final say in whether an act is crude or offensive?)
inclined to, characterized by, or inciting to lust or lechery; lascivious.
obscene or indecent, as language or songs; salacious.
* 18-7-301. Public indecency.
(1) Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency:
(a) An act of sexual intercourse; or
(b) An act of deviate sexual intercourse; or
(c) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of any person; or
(d) A lewd fondling or caress of the body of another person.
(2) Public indecency is a class 1 petty offense.* 18-7-302 – Indecent exposure.
(1) A person commits indecent exposure if he knowingly exposes his genitals 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.
(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.
* The plain language of this offense reflects the general assembly's intent to make public indecency a strict liability crime without a culpable mental state. Because this section makes it a crime to perform any of the stated acts where the conduct may reasonably be expected to be viewed by members of the public, it does not matter whether the defendant knew he was in a public place. The objective standard depends on what a reasonable person in the defendant's position should have known. Therefore, the trial court did not err in rejecting a jury instruction that would have required the jury to find the defendant knew he was in a public place. People v. Hoskay, 87 P.3d 194 (Colo. App. 2003).
WOW! Let's look at (1) (c) Does this mean that people who like nice shoes can be subjected to prosecution if they 'arouse' another person who has a foot/shoe fetish? Knowing that at least one person they see in a day, while in public, could have a foot fetish.
And (1) (d) Does that mean it is illegal to hug another person in public? Or only if another person witnessing the hug is offended and believes it is in a lewd manner?

What about swim suits? Spandex clothing? Anything that 'could' arouse another person? Are they a violation of (1) (2)?

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