Warmer weather is finally here in Greeley, Evans, and all over Weld County. With the increase in temperature, however, comes a blurred line between appropriate clothing and exposure sex crimes. One of these crimes is Indecent Exposure – C.R.S. 18-7-302. This crime is charged whenever a person exposes themselves to public view. There are a few key things to consider in this complex crime. Let’s look closer at the details.
What is Indecent Exposure?
A person will face Indecent Exposure charges if they ”knowingly” expose their 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 satisfy the sexual desire of any person.” It is also charged when a person “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. Put simply, the Weld County Sheriff’s Department is likely to charge Indecent Exposure if both of the following elements are present in a situation:
1. The knowing exposure of genitals
2. With the intent to arouse sexual desire
Indecent Exposure charges are common after police raids of adult movie theaters.
A Few Examples of Indecent Exposure Charges
Indecent Exposure is commonly charged after Greeley police raids of adult movie theaters. Many people attend these theaters and don’t realize the police are there, watching and waiting to charge them with a sex offense. Also, skinny dipping and revealing clothing in the summer months can result in the exposure of genitals to public view. Often, people are arrested and face Indecent Exposure charges even if their intent wasn’t for causing affront or alarm, or sexual arousal. In cases like these, it is important for an experienced criminal defense attorney to get involved to remove the “sexual offense” classification. There is another crime closely related to Indecent Exposure: Public Indecency is not a sex crime for a first offense. An experienced criminal defense lawyer will understand the importance of pleading to this less serious crime.
The Consequences of an Indecent Exposure Conviction
Indecent Exposure is usually a class 1 misdemeanor in Weld, Morgan, and Logan County. While a misdemeanor offense doesn’t seem as serious, Indecent Exposure charges carry a hidden dangers: In Colorado, it is considered to be a sex offense. This means, even though this crime is only a misdemeanor, a person who is convicted will be required to undergo sex offender treatment and register as a sex offender. Treatment is overseen by the Colorado Sex Offender Management Board (SOMB), which views all sex offenders as untreatable. Sex offender treatment is invasive – we fight hard for our clients to avoid going through treatment. Registration involves trips to the Greeley Police Department or the Weld County Sheriff to register private information like your name, address, email, phone number, and car information.
We fight to protect the futures of our clients, and we fight to win. If you or a loved one is facing Indecent Exposure charges, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 970-616-6009. Together, we can protect your future.
Image Credit: Pixabay – WikimediaImages