Denver, Colorado – In a contentious 2023 vote, 27 Democrats in the Colorado House voted against legislation that would have upgraded indecent exposure to minors from a misdemeanor to a felony, citing concerns that the bill’s language could be misused against drag performers and transgender individuals.

House Bill 23-1135, sponsored by three Democrats and one Republican, sought to make it a Class 6 felony for a person over 18 to expose their genitals for sexual gratification in view of a child under 15, provided the offender is more than four years older than the child. Under prior law, such offenses were generally treated as a Class 1 misdemeanor unless repeated.

The bill passed the House on a 37-27 vote, with unanimous Republican support and 18 Democrats voting in favor. It later cleared the Senate and was signed into law. Proponents, including district attorneys, argued the change addressed a disparity: indecent exposure to children was the only child sex crime in Colorado classified as a misdemeanor.

Opponents, primarily Democrats, raised issues during debate. State Rep. Leslie Herod (D-Denver) expressed concern that the bill could be weaponized against the transgender community and cultural events like drag shows, referencing how similar laws elsewhere had been applied.

Critics of the “no” votes argued that the bill was a straightforward effort to strengthen protections for children, and that political considerations around gender identity and performance art took precedence over tougher penalties for exposing minors to indecent acts. Supporters of the opposing Democrats maintained the legislation risked overreach and could disproportionately affect vulnerable populations or protected expressions.

The final law applies specifically when the offender knows a child under 15 is present and meets the age differential, aiming to avoid impacting peer interactions among minors. It increased potential penalties from up to 364 days in jail and a $1,000 fine to 12–18 months in prison and fines up to $100,000.

This episode highlighted deep divisions in Colorado’s legislature over balancing child protection with concerns about potential misuse of criminal statutes in cultural and gender-related contexts. The bill remains in effect following its passage in 2023.