A majority of 27 Democrats in the Colorado House of Representatives voted against new laws that turn indecent exposure in front of children into a felony at the end of April, arguing that it could lead to a ban on drag shows.
Initially introduced to the House by two Colorado Democrats, Dafna Michaelson Jenet and Shannon Bird alongside Democrat Rachel Zenzinger and Republican Jim Smallwood in the Senate, the new law, HB23-1135, passed with a unanimous Republican support and 19 Democrats.
However, in a speech at the legislature on April 29, Representative Herod claimed, with the majority of her party members concurring:
“These types of laws have been used to ban drag shows, to target individuals who use the restroom of the sex that they identify with—a public restroom—to charge them with felony charges. I am very concerned about the attacks against the transgender community that are happening across the country.”
She added:
“When I initially read this bill, it did not even come to mind for me either, as an advocate. But as I’ve looked at the bills and I’ve talked to my colleagues who are fighting these types of bills across the country, it is very clear to me the language is very much mirrored in some of the laws that have been used to target members of our community because of who they are.”
Democrats even tried to filibuster the proposed laws for nearly three hours on April 28.
🚨🚨 27 DEMOCRATS VOTE AGAINST MAKING INDECENT EXPOSURE TO MINORS A CLASS 6 FELONY!
A Democrat attacked the bill for “targeting” the transgender community in her dissent. #copolitics #coleg
📜BILL: https://t.co/Lgle6vX25U
🎧Listen for yourself: pic.twitter.com/Tq9wiryLMu
— Colorado House Republicans (@COHouseGOP) April 29, 2023
New Colorado Law on Indecent Exposure.
The law proposed to raise criminal penalties from a Class 1 misdemeanor to a Class 6 felony – this would mean penalties for indecent exposure increasing from a maximum fine of $1,000 to $100,000.
Representative Shannon Bird argued “[t]here is no intent to harm any member of any community.” Instead, “[the law] is about protecting children, making sure that any sex crime against a child is punished.”
After the new laws passed through the House, Representative Bird took to Twitter to say, “[i]n Colorado, we protect children. Yesterday we passed my bill to hold adults appropriately accountable when they expose themselves our [sic] masturbate in front of children. This is the only sex crime against kids that is not a felony. Our bill will change that.”
Tom Raynes, a member of the Colorado District Attorneys Council, added, “I think its stunning at this point to try to understand why any person would find that conduct that involves exposing oneself in front of a child with sexual intent should not be a felony.”