If you are caught exposing your genitals or masturbating in Greeley, you could be charged with Indecent Exposure. Hiring Greeley’s leading Attorneys at the O’Malley Law Office will help you win your case on a charge of Indecent Exposure. A defendant’s intent and the location of where the alleged exposure took place, are both important to an Indecent Exposure case. If you have questions about how to win your charges, call the O’Malley Law Office. If your Indecent Exposure charge case is in Fort Collins, here is a blog that could help you in Larimer County Court.
Definition of Indecent Exposure, C.R.S. 18-7-302, in Weld County
Indecent Exposure, C.R.S. 18-7-302, in Weld County is defined as occurring when someone:
(b) 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.
The language around the criminal charge of Indecent Exposure is vague and can often be left for interpretation because what might cause alarm or affront to one person might not to another.
Can You Be Charged with Indecent Exposure if You Are in Your Car in Greeley, Colorado?
In Greeley, even if you do not think you can be seen by another person, you can still be charged with Indecent Exposure if you expose your genitals or are masturbating. It is about the intent if you are in public, even in your car, and the intent is to arouse yourself or another person and you cause affront or alarm then you can be charged. On the other-hand, if you are trying to be private, and someone unexpectedly approaches you, it might not be a good case for the government.
What are Good Examples and Not-Good Examples of Indecent Exposure in Weld County?
While exposing your genitals and masturbation in public seems broad there are also can be confusion as to what could be charged as Indecent Exposure and what is not. A few examples of what could be charged as Indecent Exposure are:
- If Sue sunbathes in the public park naked, she could be charged.
- Bob was masturbating in his car at the Drive-in movie theater, he could also be charged.
Here are some examples where you could not be charged with Indecent Exposure:
- You are skinny dipping in your hot tub and your neighbor looks over your fence. This isn’t Indecent Exposure, because you expected to be private and did not expect for someone to see your genitals.
- Rich and Jan get caught having sex in an elevator. This would not be Indecent Exposure, but it would be the related charge of Public Indecency. You can read more about Public Indecency, C.R.S. 18-7-301, here.
Greeley, Colorado Punishment for Indecent Exposure
In Greeley, Colorado, the punishment for Indecent Exposure is a class 1 misdemeanor unless the defendant has had prior convictions for similar offenses. Penalties for a class 1 misdemeanor include up to 18 months in Weld County Jail, and a fine of up to $5,000. The penalty becomes a class 6 felony if there are two or more prior convictions. Counseling, treatment, sex offender registration and other additional penalties may be included in the punishment. The requirement to register as a sex offender is the most damaging aspect of an Indecent Exposure conviction and has lasting repercussions on where your can live and work. Many times, if others discover your registration and that you live nearby, there would be social implications.
What are Defenses to Indecent Exposure in Weld County?
There are a lot of possible defenses to Indecent Exposure and having an experienced criminal lawyer to fight for your best possible outcome is important. Some possible defenses to Indecent Exposure are:
- Mistaken identity
- Your genitals were not exposed
- You accidently exposed your genitals
- You were falsely accused
If you or a loved one is facing an Indecent Exposure charge, be smart and exercise your right to remain silent. The Greeley Police are not there to help you, but to build a case against you. Call Greeley’s top defense lawyers at the O’Malley Law Office. Call 970-616-6009 to meet with an experienced criminal defense lawyer in Weld County and the Greeley area for a free consultation. Together, we can protect your future.
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