According to the news, a man was allegedly seen touching himself inappropriately inside of his parked car. While fondling himself, he happened to be staring at a woman in a car parked next to him who saw what he was doing. The man allegedly had his zipper down on his pants, but was only exposing his underwear. There was no mention that his genitals were exposed. If that's the case, would he still be charged with a crime in Denver or Douglas County, Colorado?
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Indecent Exposure Denver Lawyer Defines Indecent Exposure
In Denver and Jefferson County, touching your genitals within the view of others (if for the purposes of sexual arousal) can lead to Indecent Exposure charges, even if your genitals aren't exposed. The definition of Indecent Exposure, C.R.S. 18-7-302, is:“
“A person commits indecent exposure:
- 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 satisfy the sexual desire of any person;
- 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.”
In the news story, the man was seen touching himself inappropriately in his car. According to C.R.S. 18-7-302(5), that would qualify as masturbation. The definition of masturbation is:
“the real or simulated touching, rubbing, or otherwise stimulating of a person's own genitals or pubic area for the purpose of sexual gratification or arousal of the person, regardless of whether the genitals or pubic area is exposed or covered.”
Although the man wasn't exposing his genitals, he may still be charged with Indecent Exposure for touching, rubbing or stimulating his genitals or pubic area while they were covered. However, a Denver District Attorney would still have to prove that the touching, rubbing, or stimulation of his genitals or pubic area was for sexual gratification or arousal.If you've been charged with Indecent Exposure, you need an Indecent Exposure Denver lawyer to defend you.
Arapahoe County Indecent Exposure Attorney: Defenses to Indecent Exposure
In Arapahoe and Adams County, many people are charged with Indecent Exposure when their intentions don't meet intentions in the elements listed in the Indecent Exposure statute. For example, maybe someone was caught changing clothes in public and was charged with Indecent Exposure. An Arapahoe County Indecent Exposure lawyer may be able to prove the intent behind exposing their genitals was not to arouse or satisfy a sexual desire. Or, perhaps someone was caught touching themselves in a parked car, not knowing they'd be seen by anyone else. An Indecent Exposure lawyer may be able to prove those actions weren't intended to be seen by others or satisfy a sexual desire. If you've been accused or charged with Indecent Exposure, contact an Indecent Exposure Denver lawyer today. Convictions of Indecent Exposure could lead to Arapahoe County jail time or prison time for previous convictions of Indecent Exposure.
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If you or a loved one has been charged with Indecent Exposure in Denver, Highlands Ranch or Colorado Springs, be smart, exercise your right to remain silent, and contact the best Indecent Exposure Denver lawyer at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.Request a Free Consultation
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