Indecent exposure is a very common charge in the state of Colorado. Indecent exposure charges, more often than not, arise out of situations where people are heavily drinking and in a public location. These kinds of charges usually step from relatively harmless acts. However, an indecent exposure charge can greatly impact your personal life, professional life, and social life. The first thing we must understand is what is an indecent exposure charge? and what are the possible penalties?
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What is Indecent Exposure?
C.R.S. 18-7-302 Indecent Exposure is:
(1) 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 another 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.
(2) (a) Deleted by amendment, L 2003 p. 1435, SS 31, effective July 1, 2003.
(b) Indecent exposure is a class 1 misdemeanor.
(3) Deleted by amendment, L 2003 p. 1435, SS 31, effective July 1, 2003.
(4) Indecent exposure is a class 6 felony if the violation is committed subsequent to two prior convictions of a violation of this subsection or a violation of a comparable offense in any other state or in the United States, or of a violation of a comparable municipal ordinance.
(5) For purposes of this section, “masturbation” means the real or simulated touching, rubbing, or otherwise stimulating of a person’s own genitals or pubic area for the purpose of sexual gratification or arousal of the person, regardless of whether the genitals or pubic area is exposed or covered.
What are the Possible Penalties for Indecent Exposure?
If you are charged with a class 1 misdemeanor, you could serve 6 to 18 months in jail and you will be required to register as a sex offender for a period of time.
If you are charged with a class 6 felony, you could serve 12 to 18 months in jail, 18-48 if it is determined that your crime falls under the category of violent crimes and you will be required to register as a sex offender for a period of time.
Being charged with indecent exposure usually means that the underlying facts are of sexual nature, this means that you will not be able to seal this charge from your record.
What to do next?
Being charged with indecent exposure is no joke. Sometimes the scenario of when people get these tickets makes them think that this charge is no big deal. However, if you are charged with indecent exposure, you should talk to an attorney right away. Being required to register as a sex offender can greatly impact your life and your future. M. Colin Bresee is an experienced attorney with first-hand knowledge of how to defend cases like this. He also has experience with prosecuting cases like this. Please contact our office so we may assess your unique case file.
Other topics of interest:
Sex Offenses and the Child Contact Assessment
