Diamondeye wrote:
Taamar wrote:
Sadly if I were to sunbathe topless in my own back yard, or even walk around topless in my home without completely blocking all the windows, I could be charged with indecent exposure. I wouldn't even have to apply lotion in a sensual manner.
I'm not sure about the Colorado laws, but in Ohio, neither of those would necessarily count as indecent exposure. I think you should look carefully at the statute.
You are correct, I just checked and Colorado law only considers it 'indecent exposure' if genitals are visible. Interestingly, the law considers intent. If I fondle myself 'sensuously' I'm in trouble unless I can make a convincing argument that I was putting on sunscreen.
The specific laws in question:
Public Indecency - 18-7-301 (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; or (e) An act of masturbation. (2) Public indecency is a class 1 petty offense. (3) 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 - 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.