People v. Hoskay
Colorado Court of Appeals
87 P.3d 194 (2004)
Relevant factsFree
While staying at a detoxification facility's men's dormitory, Hoskay (defendant) was observed by a counselor through a window appearing to sexually assault another sleeping patient with his pants down; he was convicted of sexual assault and public indecency, and appealed the latter conviction, arguing the trial court erred by not instructing the jury that public indecency required proof he actually knew he was in a public place.
IssueFree
Whether a conviction for public indecency requires proof that the defendant actually knew he was in a public place, or whether the offense is a strict-liability crime turning instead on whether a reasonable person would have recognized the setting as public.