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Colorado’s Indecent Exposure – C.R.S. 18-7-302

| Jan 24, 2014 | Indecent Exposure |

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I’ve read several professional articles on the psychology of Indecent Exposure, C.R.S. 18-7-302. Although there doesn’t seems to be much agreement for the cause, this crime appears to be more of a mental health issue than a criminal mindset. Never-the-less, Indecent Exposure in Denver, Arapahoe, or Jefferson County is a class 1 misdemeanor which can permanently change your life for the worse by requiring Sex Offender Treatment and Registration. If someone has been convicted of this crime on two previous occasions, it will be charged as a class six felony.

The Legal Definition of This Crime

C.R.S. 18-7-302, defines Indecent Exposure as exposing one’s genitals to the view of any person, or masturbating in view of any person, in order to cause affront or alarm. To fully satisfy this legal definition, it must be done knowingly and with the intent to satisfy the sexual desire of any person. It should also be noted that masturbation does not require genitals be exposed. The simulated act of masturbating, even if done over clothing, is enough to fit the statutory definition of Indecent Exposure.

I support laws in Colorado to protect us from the sexual exhibitionist conduct of others. But, I also think appropriate sanctions should not work against changing the behavior of the person convicted. Mandatory Sex Offender Registration laws and internet posting are counterproductive as applied to those convicted of this crime.

Registration and Shame are not Productive

There are too many variables to fully understand why certain people are drawn to Exhibitionism, but public ridicule and exposure to shame work against rehabilitating this kind of Sex Offender. It is debatable that publicly marking people convicted of Indecent Exposure actual protects the public. But what is certain is Sex Offender Registration requirements enhance a key ingredient many experts say is one of the root causes for the behavior. That is shame, and I think Colorado should reexamine the need for public humiliation as a public safety measure for Indecent Exposure.

At the O’Malley Law Office, P.C., we listen to your side of the story. If you have been wrongfully accused of Indecent Exposure in Adams or Douglas County, we will fight for you every step along the way. Or if you are charged in Weld or Custer County, and simply need an attorney to make sure you are treated fairly, and are here for you. Either way, be smart, exercise your right to remain silent, and call us at 303-731-0719. Together we can protect your future.