How "Indecent" is Indecent Exposure vs. Public Indecency?
I worry about people charged with Indecent Exposure, C.R.S. 18-7-302. This crime is a sex offense, and requires anyone convicted to complete sex offender treatment in Denver, Jefferson and Arapahoe County. I continue to hear horror stories of probation officers setting up their own kingdoms, yelling at probationers and demanding strict compliance with their every wish. It gets so bad, that some people would rather serve the jail or prison sentence vs. being enslaved to a man-hater probation officer trying to gain their sense of importance by hurting others.
Many, but not all, should never be convicted of Indecent Exposure. Conduct involving nudity does not always mean the actor is trying to expose his or her genitals for sexual arousal (the arousal is required for this crime). Police seem to default to assuming arousal is the motive - even when the accused is in his own home. Plus, this crime is so close to Public Indecency, C.R.S. 18-7-301, that people should first be charged with that crime in Douglas, Adams and Broomfield County. Public Indecency is NOT a sex offense, and the horrendous baggage of the SOMB (sex offender management board) is not required. Public Indecency involves "the lewd exposure of an intimate part" - not including genitals, the "lewd fondling or caress of the body of another person", or exposure of one's genitals when likely to cause "affront or alarm" to another.
If you read those definitions carefully, you will see that the line between being a sex offender (with the requirement that you register as a sex offender and do sex offender treatment), and not being a sex offender, is razor thin. This line is too thin for my liking. The destruction which accompanies the "sex offender" designation in Larimer and Weld County is great and should not be dealt out to anyone except the person who is a danger to the community. An accidental exposure through loose clothing or while urinating, qualifies as a sex offense far too often.
If you are contacted by police for Indecent Exposure or Public Indecency, give us a call for a free consultation. Our experienced lawyers are knowledgeable of the differences between these two crimes and can often convince busy District Attorneys of the merits of the lesser charge or the dismissal of all charges. So, be smart, exercise your right to remain silent, and call us at 303-731-0719. Together, we can protect your future.