Not all charges of Indecent Exposure in Arapahoe and Adams County are actually sexual in nature. Instead, the exposure could be purely accidental, such as changing clothes, having a wardrobe malfunction, or urinating in public. In order to determine whether or not a person will be convicted of a sex offense, the court will examine the evidence to find the purpose behind the exposure.
What is Indecent Exposure?
A person can be charged with Indecent Exposure in Douglas or Denver County if he or she:
1.Knowingly shows his or her private area / genitals to another person
2.In order to cause shock or alarm
3.With the intention to arouse or satisfy sexual desire
To be convicted of Indecent Exposure, the District Attorney has to prove all three parts of this definition.
Indecent Exposure is a misdemeanor, but it is also a sex offense.
Indecent Exposure is a Sex Offense in CO
Indecent Exposure is a sex offense in Colorado. If a person is convicted of this crime, they will be required to:
*Undergo sex offender treatment overseen by the Colorado Sex Offender Management Board (SOMB). *Register as a sex offender in the jurisdiction where they live, such as the Littleton Police Department.
What is the Sentence for Indecent Exposure?
Indecent Exposure is usually a class 1 misdemeanor. But, if a person has prior convictions for this or a comparable offense, they will be charged with a class 6 felony. Potential penalties include:
*Class 1 Misdemeanor: Up to 12 months in the Denver County Jail
*Class 6 Felony: Up to 18 months in the Department of Corrections
Charged with Indecent Exposure? Why You Need a Lawyer
If you have been charged with the sexual crime of Indecent Exposure, it is important to remain silent. Do not try and justify your actions to the arresting officer. Contact us for a free consultation: We will sit down with you and discuss your case and identify available defense. There are several which we can discuss.
Defenses for Indecent Exposure
There are several defense tactics our attorneys could use in Indecent Exposure cases, such as proving the following:
1.The exposure was not sexually motivated (example: mooning someone, streaking, urination in public, or having a wardrobe malfunction).
2.The exposure was not intended for the general public (example: having sex in a vehicle with tinted windows, exchanging nude photographs with a close friend, or sunbathing nude in a fenced in backyard).
Indecent Exposure is closely related to the crime of Public Indecency, C.R.S. 18-7-301, which is not a sex offense. Often, we can work out favorable plea agreements for this less serious crime. We work with clients who make a simple mistake, or were falsely accused in Jefferson or Weld County. Whatever the situation, the attorneys at Sawyer Legal Group fight for the future of our clients. A conviction of this sex offense can result in jail time and registration as a sex offender. Most of our clients receive probation and don't serve any time in jail if they must plead guilty as a last resort.
Related Links:
Learn more about other sexual offenses in Colorado:
- Sexual Assault on a Child – C.R.S. 18-3-405
- Incest – C.R.S. 18-6-301
- Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.6
- Public Indecency – C.R.S. 18-7-301
- Enticement of a Child – C.R.S. 18-3-305
- Sexual Assault on a Child by One in a Position of Trust – C.R.S. 18-3-405.3
- Sexual Exploitation of a Child – C.R.S. 18-6-403
- Sexual Assault on a Child by One in a Position of Trust – C.R.S. 18-3-405.3
- Internet Luring of a Child – C.R.S. 18-3-306
- Sexual Assault on a Client by a Psychotherapist – C.R.S. 18-3-405.5
Colorado Indecent Exposure Statute: C.R.S. 18-7-302
“A person commits indecent exposure:
(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.”