Defense Against An Indecent Exposure Charge In Colorado
You can be charged with indecent exposure for engaging in behavior of a sexual nature that would cause affront or alarm to others.
At McClintock Criminal Defense, P.C., our sex crimes defense lawyer represents clients who have been charged with indecent exposure in a wide range of circumstances, including:
- Public masturbation
- Teenagers having sex in a car
- Urinating in public
- “Mooning” a person in public
We defended a client who was observed masturbating in his own home, but forgot to close the curtains. His neighbors videotaped his actions, zooming in to catch the important details. They took the tape to the police and had our client arrested for indecent exposure.
We thought the neighbors should have been arrested for unlawful sexual viewing.
Was Anyone Shocked or Alarmed? We have won cases for clients who were arrested for indecent exposure in adult theaters, where many patrons were masturbating, by proving that, in that environment, no one suffered shock or affront.
In cases of indecent exposure, the punishment does not fit the crime. If you have been convicted of two prior offenses, indecent exposure becomes a class 6 felony.
If you have been charged with indecent exposure, do not just plead guilty and hope it all goes away. Contact the sex crimes defense attorneys at McClintock Criminal Defense for experienced and effective legal representation. The initial consultation is always free of charge.
For reference, following is the updated Colorado Statute for the criminal charge of Indecent Exposure:
Indecent Exposure In Colorado C.R.S. § 18-7-302
(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 any 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, § 31, effective July 1, 2003.)
(b) Indecent exposure is a class 1 misdemeanor.
(3) (Deleted by amendment, L. 2002, p. 1587, § 21, effective July 1, 2002.)
(4) Indecent exposure is a class 6 felony if the violation is committed subsequent to two prior convictions of a violation of this section or of 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.
Colorado Indecent Exposure Defense Attorney Ted McClintock comments: Also please note that in 2010, this statute was amended so that you can now be convicted of this charge even if you do not actually expose yourself. If someone believes you are “touching” yourself in public (even if you are not exposed) you can be charged and convicted. This charge also carries with it a 10 year period after your sentence is complete before you can try to remove yourself from the Sex Offender Registry.