Child victims of indecent exposure are on average 11 years old across the state. Prior to this year, individuals who committed the crime with sexual intent only face misdemeanor charges. A new law passed by the Colorado legislature is making it a felony offense.
HB 23-1135 increases the penalty for individuals who expose themselves in front of children “when the public conduct is knowingly done for ‘sexual desire,’ including the act of masturbation,” according to the Boulder County District Attorney’s office.
Previously, this act had been considered a misdemeanor but Michael Dougherty, Boulder County District Attorney, and victims groups such as Colorado Organization for Victim Assistance lobbied for the penalty to be increased to a felony.
“This bill focused on adults who knowingly expose themselves with sexual intent in front of a child under 15 years old. Previously, it had only been a misdemeanor charge for a man who masturbates in front of a child in a public place, such as a park or public library. The law has not, and will not, apply to showering, urinating or theater performances. But for the guy who masturbates in a park while looking directly at kids, that conduct should be a felony – and now it will be,” Dougherty said via email.
The average age of victims of this crime over the last four years was 11 years old.
Another current law makes the same offense conducted over a computer a felony offense, however, doing it in person holds a lesser penalty. Under the current law, offenders face up to a year in jail and/or a fine up to $1,000. The new law would increase the penalty so that offenders could face up to 18 months in state prison and/or a fine up to $100,000. Additionally, those found guilty of a penalty face longer probation times which include more intensive supervision and treatment that is designed for sex offenders, the DA's office stated.
“We fought for this change because it will better protect kids who are targeted by people who are intent on sexually arousing themselves with minors. Acts of sexual abuse have a mental health impact on children. The felony charge and sentencing range reflects the seriousness of the offense and, at the same time, will provide for more intensive supervision and treatment requirements for offenders,” Dougherty said.
The bill is waiting for Gov. Jared Polis’ signature before it becomes law.
