August 26, 2019

Colorado Court of Appeals: Students and Teachers in Youth Corrections Classroom “Members of the Public” for Purposes of Public Indecency Statute

The Colorado Court of Appeals issued its opinion in People in Interest of D.C. on Thursday, February 21, 2019.

Juvenile Law—Delinquency—Public Indecency—Members of the Public.

D.C. and E.L. were committed to the Division of Youth Corrections (DYC). During their DYC science class, D.C. exposed one of his testicles to E.L. As a result, D.C. was adjudicated delinquent for committing an act that, if committed by an adult, would constitute public indecency.

On appeal, D.C. argued that insufficient evidence supported the adjudication because the prosecution failed to establish that the DYC classroom in which D.C. exposed his testicle was a “public place” under the public indecency statute.A person commits public indecency by knowingly exposing his genitals to the view of another under circumstances that are likely to cause affront or alarm “in a public place or [in a place] where the conduct may reasonably be expected to be viewed by members of the public.” Here, other students and a teacher were present when D.C. exposed himself. Therefore, sufficient evidence established that D.C. exposed his genitals in a public place under the indecency statute.

The adjudication was affirmed.

Summary provided courtesy of Colorado Lawyer.

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