In re D.C.
In re D.C.
Opinion of the Court
¶1 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. E.L. reported the incident, and the prosecution filed a delinquency petition, alleging that D.C. committed an act that, if committed by an adult, would constitute public indecency. After a bench trial, the juvenile court adjudicated D.C. delinquent.
¶2 D.C. appeals, contending that insufficient evidence supported the adjudication. We disagree and therefore affirm.
I. Sufficiency of the Evidence
¶3 D.C. argues the prosecution failed to establish that the DYC classroom, where D.C. exposed his testicle, was a "public place" under the public indecency statute, § 18-7-301(1), C.R.S. 2018. We are persuaded the evidence was sufficient to support the adjudication. We, however, come to this conclusion not because the classroom was a public place (an issue we don't reach) but because D.C. exposed himself where members of the public were reasonably likely to see it.
A. Standard of Review
¶4 We review challenges to the sufficiency of evidence de novo. People in Interest of G.B. ,
¶5 We likewise interpret the public indecency statute de novo. See People v. Halbert ,
B. Public Indecency
¶6 As relevant here, 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." § 18-7-301(1)(e). The statute therefore identifies two different ways to commit the crime of public indecency - exposing oneself "in a public place" or exposing oneself in a place where members of the public "may reasonably be expected" to view the exposure. See
¶7 Responding to D.C.'s motion for judgment of acquittal at trial, the prosecution *74argued that it had presented sufficient evidence establishing that the DYC classroom was a "public place" or that the exposure occurred in a place "where the conduct might reasonably ha[ve] been expected to be viewed by members of the public."
¶8 The parties disagree on whether the DYC classroom is a "public place" under the public indecency statute. But we need not wade into this disagreement because sufficient evidence showed that D.C. exposed his genitals in a place "where the conduct may reasonably be expected to be viewed by members of the public." § 18-7-301(1) ; see People v. Steerman ,
¶9 In that regard, E.L. testified that nine or ten other students and a teacher were in the DYC classroom when D.C. exposed himself. He also said that DYC staff were outside the classroom. Another student confirmed that the teacher and other students were present at the time of the incident. And a correctional officer testified that DYC staff go in and out of the classrooms and that they "use the classrooms for lots of different things." The officer also explained that the juvenile residents (under staff supervision) may go in and out of the classrooms during school hours and that at times parents can "come in and visit" the school for such reasons as parent-teacher conferences. Given this testimony, the juvenile court recognized that a "substantial ... number of members of the community" are present in the school.
¶10 Viewing the evidence in the light most favorable to the prosecution - as we must - a reasonable fact finder could conclude that D.C. knowingly exposed his genitals to E.L. in a place "where the conduct may reasonably be expected to be viewed by members of the public." § 18-7-301(1). The evidence therefore sufficiently supports the adjudication.
¶11 Attempting to avoid that result, D.C. leans heavily on In re May ,
¶12 First, May , is distinguishable. It considered whether sufficient evidence supported the elements for the common law crime of "affray" (recognized in North Carolina), when a juvenile was involved in a physical fight on the grounds of a children's group home.
*75¶13 Second, the public indecency statute does not require that the "members of the public" actually see the exposure, just that the exposure occur in a place where members of the public "may reasonably be expected" to see it. § 18-7-301(1). D.C.'s argument, therefore, doesn't account for the testimony that family members can (and do) visit the DYC school. These nonstaff members of the public "may reasonably be expected" to view conduct in the school, even if they might not have been physically present when D.C. exposed himself. This undisputed evidence alone supports the adjudication.
¶14 Third, we see no reason why DYC teachers, staff, and juvenile residents are not "members of the public." After all, a "member" means "one of the individuals composing a society, community, association, or other group." Webster's Third New International Dictionary 1408 (2002). The legislature didn't exclude teachers, staff, or juvenile DYC residents from being "members of the public" in the public indecency statute. And we are unaware of any authority stripping DYC teachers and staff of their public membership simply due to their place of employment. Cf. Doe v. Colo. Dep't of Pub. Health & Env't ,
¶15 In fact, People v. Hoskay ,
¶16 And our conclusion is consistent with courts in other jurisdictions, which have found that staff and residents of correctional facilities may be members of the public when considering similar crimes. See State v. Narcisse ,
II. Conclusion
¶17 For these reasons, we conclude that sufficient evidence supports D.C.'s public indecency adjudication and therefore affirm it.
Márquez
Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5 (3), and § 24-51-1105, C.R.S. 2018.
D.C. didn't challenge the sufficiency of evidence as to any other element of the public indecency statute at trial, nor does he on appeal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.