Indecent Exposure is charged in Fort Collins and Larimer County when a person exposes themselves with a sexual intent or masturbates in front of another. A Colorado law enforcement agency recently got a call reporting an Indecent Exposure, where the caller claimed a woman was undressing in public. Upon investigation, it turns out the woman was homeless and simply had no other place to change her clothes, so she went into an alley to take care of business. This incident was presented in an article that discusses how Denver is sending out a mental health professional and paramedic (Support Team Assistance Response) instead of police for some 911 calls. I think this is definitely a step in the right direction. Mental health is a huge factor in many people’s criminal cases and often times, what the person needed was support and resources, not handcuffs and criminal charges. If the police had been the ones responding to this incident, I wouldn’t have been surprised to see that the woman ended up with Indecent Exposure charges, or at least a Public Indecency charge if they felt there was no sexual intent.
Larimer County Indecent Exposure Lawyer: Definition of Indecent Exposure in Colorado and How It Can Relate to Mental Health
The Larimer County, Colorado law definition of Indecent Exposure – C.R.S. 18-7-302 – is:
(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.
The key here is sexual intent. If a person is caught changing clothes in a public place and their private parts are exposed while changing, it’s likely they didn’t have a sexual intent. However, most law enforcement agencies assume sexual intent whenever nakedness is involved. There have been numerous reports across the nation talking about people in a mental health crisis being naked. Some of these people have even ended up being shot by law enforcement because, imagine this, when someone is in the midst of a mental health crisis, they are often not able to follow commands. That’s why it’s great they are sending mental health professionals to call related to possible mental health issues to see if they can de-escalate the situation instead of using force to make someone who needs help comply.