Are you facing an Indecent Exposure or Public Indecency charge in Weld County? Indecent Exposure and Public Indecency are often used interchangeably by the public, but here are 5 key differences you should know.
1st Key Difference – the Definition of Public Indecency, C.R.S. 18-7-301, in Greeley, Colorado
2nd Key Difference – The Weld County Definition of Indecent Exposure, C.R.S. 18-7-302
3rd Key Difference – the Elements of Indecent Exposure and Public Indecency
4th Key Difference – Penalties and Sentence for Indecent Exposure and Public Indecency: Lewd Conduct
5th Key Difference – Defenses for Public Indecency and Indecent Exposure
While similar, these sex related crimes are still different criminal charges with very difference penalties. The experienced attorneys at the O’Malley Law Office will discuss both Indecent Exposure and Public Indecency charges and why you need top attorneys fighting for the best possible outcome. A conviction of either criminal charge can cost you money, possible time in Weld County Jail and even having to register as a Colorado Sex Offender. Read more below to learn about Indecent Exposure and Public Indecency.
1st Key Difference – the Definition of Public Indecency, C.R.S. 18-7-301, in Greeley, Colorado
(c) A lewd exposure of an intimate part of the body, not including the genitals, done with intent to arouse or to satisfy the sexual desire of any person; or
(d) A lewd fondling or caress of the body of another person; or
(e) A knowing exposure of the person’s genitals to the view of a person under circumstances in which such conduct is likely to cause affront or alarm to the other person.
Some examples of these could be having sex in a park, running naked, or urinating in public, the only thing that is needed that the action is causing alarm or afront. This makes the actions that could be charged as Public Indecency a wide variety.
2nd Key Difference – The Weld County Definition of Indecent Exposure, C.R.S. 18-7-302
In Weld County the definition of Indecent Exposure, C.R.S. 18-7-302, is:
(a) If he or she knowingly exposes his or her genitals to the view of any person under circumstances in which such 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;
(b) If he or she knowingly performs an act of masturbation in a manner which exposes the act to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person.
3rd Key Difference in the Elements of Indecent Exposure and Public Indecency
Indecent Exposure involves acts which are more intensely sexual desire based, rather than a milder form. Compare, for example, the exposure of one’s genitals under Indecent Exposure. The exposure is done with the intent to arouse or satisfy the sexual desire of someone – usually the person doing the exposing. With Public Indecency, genital exposure may be involved, but it is not for the sexual desire of anyone – it is done to alarm someone. Also, with Public Indecency, the sexual intercourse or sexual fondling are done for the sexual pleasure of the two involved and not at the expense of innocent 3td parties. The whole mindset is that Indecent Exposure involves using other innocent persons for sexual gratification of the actor – which approaches a public safety issue.
4th Key Difference is the Penalties and Sentence for Indecent Exposure and Public Indecency is the Lewd Conduct
Public Indecency, in Weld County is a class 1 petty offense and the penalties could result in up to 6 months in Weld County Jail and a fine of up to $500. If you have had a prior Public Indecency or a similar charge, the sentence could be a class 1 misdemeanor and have harsher penalties of up to 18 months in jail. On a second or more offense, sex offender registration can be ordered. An Indecent Exposure conviction has a sentence of a class 1 misdemeanor, with penalties up to 18 months in jail, and a fine of up to $5,000. If the defendant has two prior convictions or comparable offenses, then it can be charged as a class 6 felony with harsher penalties including time in the Colorado Department of Corrections prison system. You will have to register as a Sex Offender if you are convicted of Indecent Exposure, even on the first offense. This registration involves an advertisement of your deviant conduct and public shaming. It does not really prevent any harm to the public.
5th Key Difference – the Defenses for Public Indecency and Indecent Exposure
In Greeley, there are different legal defenses that a skilled attorney can help you with if you are charged with Public Indecency or Indecent Exposure. Some legal defenses for Lewd Conduct could be:
- The accusation was false.
- Misidentification, you were not the person with exposing yourself.
- The exposure was not likely to cause alarm or affront.
- The exposure was not intentional.
- There was not exposure of genitalia with the purpose of sexual gratification.
If you are facing a Public Indecency or Indecent Exposure charge, then you need to have an experienced attorney who has successfully defended Lewd Conduct charges. The attorneys at the O’Malley Law Office can help with the specific details of your case and get you the best possible outcome in your case.
Facing a Lewd Conduct charge of Public Indecency or Indecent Exposure in Greeley or Weld County? Exercise your right to remain silent, the Greeley Police are not there to help you but to create a case. Call Weld County’s top defense attorneys at the O’Malley Law Office to get you the best results. Call 970-616-6009. Together, we can protect your future.
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