In Jefferson and Adams County, defendants charged with indecent exposure are accused of either exposing their genital area or masturbating in view of another person. Specifically, indecent exposure occurs when a person 1) knowingly exposes their genitals in a manner where it is likely to cause affront or alarm to another and with the intent to arouse or satisfy the sexual desire of any person, or 2) knowingly masturbates in a manner which exposes the act to another when likely to cause affront or alarm. C.R.S. 18-7-302. In cases where the allegation is nudity, the statute also requires that it be done with sexual intent, either to arouse or satisfy sexual desire. Indecent exposure is a class 1 misdemeanor sex offense, but if the person has previously been convicted of misdemeanor indecent exposure on two or more occasions, it can be charged as a class 6 felony – with a possible prison sentence. Although this is a misdemeanor offense in most cases, it still carries the consequences of sex offender probation and registration, or a jail sentence of up to 2 years in the Denver County Jail.
A Real World Example of Indecent Exposure Charges
Recently, I was the defense attorney for a streaker who was charged with indecent exposure in the Denver area. The crux of his case was that he did run naked through a soccer field, but he did so on a bet from his friends, not for any sort of sexual purpose. Unfortunately, young college kids streaking is now considered a sexual offense. In his case, we were able to show there was no sexual purpose and get the case moved out of the sexual offense arena.
What an Experienced Criminal Defense Attorney Can Do
The outcome of a non-sexual offense would have never happened had my client not been represented by an experienced attorney. An experienced attorney can help point out weaknesses in the prosecution’s case and get expert opinions about the true nature of the offense or whether this was done for a nefarious sexual purpose. Additionally, a criminal defense lawyer can present evidence of the person’s conduct before, during, and after the encounter by using the testimony of any witnesses or circumstantial evidence.
If you or someone in your family has been charged in Arapahoe County, Douglas County, or anywhere in Colorado, with Indecent Exposure, you should call the O’Malley Law Office, P.C. as soon as possible. Don’t just allow the government to place your name on a registry, making it harder to sustain employment or find housing, talk to someone about protecting your rights. We know how to talk with prosecutors and how to bring about the best possible result in your case. So, be smart, exercise your right to remain silent, and call us at 303-731-0719. Together we can protect your future.
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