On any given day, men and women in Denver are charged with Indecent Exposure for conduct which was not designed or intended to violate our laws. As criminal defense attorneys, we often hear of this crime when men are found masturbating in private and someone unexpectedly shows up to witness this conduct. We have also seen Indecent Exposure charged when someone is sunbathing in the nude, streaking, or fulfilling a dare. Each of these cases lacks the statutory requirement of intent. Intent to arouse or satisfy the sexual desire of the actor mush be present to be convicted. Read about a real life Indecent Exposure one of our defense lawyers handled in Colorado.
The Complete Definition of Indecent Exposure for Douglas and Arapahoe County and Across Colorado
Colorado’s definition of Indecent Exposure includes:
The exposure of one’s genitals to the view of any person, “where such conduct is likely to cause affront or alarm,” “with the intent to arouse or to satisfy the sexual desire of any person”.
While the definition and elements of this crimes require the Intent to arouse someone’s sexual desire, that requirement is normally not considered by police when they charge someone. Leaving your blinds open while changing, changing clothing in a semi-private setting, or even engaging in sex in a public setting can result in being charged with this sexual offense. Police and Sheriff Deputies in Adams County and Jefferson County seem to feel that if there is any possibility they can convict you of Indecent Exposure, 18-7-302, they don’t let the definition of this crime interfere with their charging decision. Generally, they feel it is the job of the courts to sort out the details. Unfortunately, a jury will examine this crime with special scrutiny.
Probation and Treatment Which Accompanies Indecent Exposure
The main problem with a conviction for this crime is that the convicted person will be required to submit to the requirements of the Colorado Sex Offender Management Board, SOMB. The SOMB is a highly draconian organization where treatment providers are pressured to impose strict controls over the life of the convicted person. They require staying away from children, leaving a job where any suspicion of children might exist, and treatment. The treatment is a one-size-fits-all, where people must pay large sums of money and be closely controlled. We have seen many cases where the probation officer says the defendant cannot have further contact with his wife, children or girlfriend. Many of these restrictions are not warranted in the individual’s particular case, but perhaps are appropriate in another case. Just to be on the safe side, they destroy jobs, earning capacity, and families. In our opinion, supervision and treatment are usually motivated more for a concern for the job security of probation and sex offender treatment providers, than for public safety.
If you have been caught up in our unforgiving court system with an Indecent Exposure charge, be smart, exercise your constitutional right to remain silent, and call our criminal defense lawyers at 303-731-0719. Together, we can protect your future.