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Covid-19 Statement

PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options.

Shazam Kianpour & Associates, P.C.
A Proven Criminal Defense Team

Indecent exposure laws in Colorado are severe

On Behalf of | Nov 28, 2022 | Criminal Defense, Sex Crimes |

The state has been a leading force in the legalization and decriminalization of psychedelic mushrooms. Still, there are many other areas where Colorado is in lockstep with the rest of the country. It includes sexual offenses, such as indecent exposure. Generally speaking, indecent exposure involves an individual knowingly exposing their genitals in public and causing a general alarm. The reasons for such an act will vary, but the accused’s intentions are likely to (in their mind) entice a positive response from others or derive gratification through the action.

How exposure is defined

The courts have specific guidelines and contexts that come into play. For example, a woman breastfeeding her child is typically not regarded as indecent exposure, but revealing their breasts at a Broncos game or some other public gathering is. Someone urinating outside generally will not be charged with indecent exposure when hidden from public view, but they still could face charges of public urination charge. Rubbing genitals sexually or alarmingly also qualifies as indecent exposure, regardless of whether their genitals are covered.

The penalties for indecent exposure

As is always the case with criminal charges, the penalties are based on the infraction’s circumstances. In most cases, the first conviction subjects an individual to misdemeanor penalties, and it is often a Class 1 Petty Offense with up to a $5,000 fine and up to 18 months in jail. Suppose there are two prior convictions for similar offenses. In that case, the charges are increased to a Class 6 Felony with fines up to $100,000, one year of parole, and the aforementioned 18-months imprisonment. There is also the potential of getting put on the sex offender registry, which is available to the public and can have lasting consequences.

The consequences can be serious

Indecent exposure charges often involve someone joking around or doing so in a non-sexual way. Nevertheless, law enforcement may still press charges or issue a citation. The results can lead to a criminal record and the sex offender registry, so it is essential for those facing charges to take them seriously and consult with an experienced criminal defense attorney.

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