ALAMOSA — James Howard Brown, 32, Alamosa, was summoned for indecent exposure in the Safeway parking lot on Tuesday after being positively identified as the man seen allegedly stimulating himself in a backyard at the 700 block of Craft Drive.
According to Alamosa Police Captain Robert Jackson, the department was dispatched to the area where a witness allegedly saw Brown exposing and touching his genitalia, but he had already fled the scene. A few hours later, the witness saw Brown in the grocery store parking lot and again contacted the authorities, resulting in the summons.
Indecent exposure is a misdemeanor offense that does not institute an arrest and/or jail time, Jackson said.
“He hasn’t molested or touched anyone,” he said. “He exposed himself and he is not a registered sex offender.”
In 2010, the state separated the crime of public indecency from the crime of indecent exposure. Prior to the change, the more serious act of public stimulation was charged as an act of public indecency, a Class 1 petty offense, the same as urinating in public. Today, the new law that makes such acts indecent exposure is defined as:
•Knowingly exposing genitalia to the view of any person under circumstances in which the 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.
•Knowingly performing an act of stimulation in a manner which exposes the act to the view of any person under the circumstances in which such conduct is likely to cause affront or alarm to the other person.
A person is not required to register as a sex offender after his or her first conviction for an act of public indecency. Instead, indecent exposure is not considered a sex offense or unlawful sexual behavior requiring mandatory sex offender registration under Colorado law unless the individual had been convicted of a second charge of indecent exposure within five years of the first conviction, or upon a third or greater conviction.