Indecent Exposure is charged in Fort Collins and Loveland when a person is accused of exposing themselves to another for a sexual purpose. We generally think of this as being an ‘in-person’ crime, but it seems that maybe it doesn’t have to happen face-to-face. For example, I remember hearing about complaints from people on a plane who received a random airdrop notification and those who accepted received an unsolicited picture of someone’s genitals. Could this be considered Indecent Exposure? Well, maybe. We have seen at least one case where someone is being charged with this crime for sending a photo of their genitals to another via text or an app.
Larimer County Indecent Exposure Attorney: How is Indecent Exposure Charged in Colorado?
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 unsolicited nude would fall under the very broad subsection (a). All the receiver would have to say is that receiving the photo was alarming. If law enforcement or the DA felt that they could prove it was for a sexual desire, then I guess Indecent Exposure could apply.
Penalty for Indecent Exposure in Loveland, Colorado
In Loveland and across Colorado, Indecent Exposure is a class 1 misdemeanor sex offense crime. This level misdemeanor is punishable by up to 364 days in the Larimer County Jail. Along with that, a person convicted of this offense will have to register as a sex offender for a period of time. There are certain aggravating factors that can allow the DA to file the Indecent Exposure charge as a class 6 felony. Those factors include:
- Two or more prior convictions of this crime or a comparable offense in another state;
- The Indecent Exposure was committed in view of a child under the age of 15 and the person committing the act is 4 or more years older than the child.
The class 6 felony is subject to much harsher penalties, including a possible sentence to the Colorado Department of Corrections.