In Weld County, Colorado, our leading criminal defense lawyers warn that you can be charged with Indecent Exposure if you expose your genitals to another or masturbate in front of them. In June, 2022, a Colorado Springs man was charged with Indecent Exposure after masturbating on a restaurant patio. He was witnessed by a waitress, along with a customer and their small daughter. The man hurried away, but later police learned he was staying at a nearby hotel, and apprehended him. It was later discovered that the man had also been charged with Indecent Exposure multiple times in Texas. Below we will discuss the importance of hiring an Indecent Exposure Lawyer.
How Does Greeley, Colorado Define Indecent Exposure under C.R.S. 18-7-302?
In Greeley, Colorado, Indecent Exposure is defined in C.R.S. 18-7-302 as:
(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.
Therefore, Indecent Exposure is defined in two different ways: by someone exposing their genitals to another in an attempt to arouse themselves or another, or by that person engaging in masturbation in front of another, where the act is likely to cause affront or alarm.
Examples of Indecent Exposure in Severance and Windsor, Colorado
Understanding what constitutes Indecent Exposure in Severance and Windsor can be challenging. Examples of Indecent Exposure include:
- A fully clothed woman masturbating at a public park to the view of several passersby.
- A man asking a woman passing by him for the time, when he suddenly exposes his genitals to her.
Examples of similar incidents that would not be charged as Indecent Exposure include:
- A man exposing his genitals while urinating on a fence post on the side of a highway – this instead would be charged as Public Indecency, C.R.S. 18-7-301. It would be Indecent Exposure if the man exposed his genitals with the intent to “arouse or to satisfy the sexual desire of any person.”
- A couple having sex on a golf course – this also would constitute Public Indecency, C.R.S. 18-7-301.
- A woman breastfeeding while at a restaurant – this would not be charged as Indecent Exposure or Public Indecency. Under C.R.S. 25-6-302, nursing mothers are permitted to breastfeed in public.
There are only two provisions for Indecent Exposure under C.R.S. 18-7-302 – knowingly exposing genitals in an attempt to arouse another person, or masturbating in front of someone. Both are performed in a context that would cause “affront or alarm to the other person.”
Penalties of Indecent Exposure in Weld County Court
If it is a person’s first offense, Indecent Exposure is a class 1 misdemeanor in Weld County, Colorado. However, after two prior convictions of Indecent Exposure or another similar charge (such as Public Indecency), it is then considered a class 6 felony. If Indecent Exposure is charged as a class 1 misdemeanor, it is punishable by a maximum of 364 days in the Weld County Jail and / or up to $1,000 in fines. As a class 6 felony, however, Indecent Exposure can result in penalties of up to 18 months in a Colorado prison, 1 year of mandatory parole, and up to $100,000 in fines. Additionally, C.R.S. 16-22-112 requires anyone convicted of Indecent Exposure to register as a sex offender.
If you have been charged with Indecent Exposure, it is essential to contact an experienced criminal defense attorney immediately. The penalties of Indecent Exposure charges are significant and should be handled by a criminal defense lawyer with more than 30 years of experience. Don’t entrust your freedom to an overworked public defender – call the leading defense attorneys at the O’Malley Law Office today.