In Fort Collins and Larimer County, Indecent Exposure is charged when a person is accused of exposing themselves in a public place or in a place viewable by the public. This is an important point when it comes to those wondering about having sex in their car. While your car is privately owned, the windows and location make all the difference. Sure, parked in your garage with the garage door closed, you could absolutely do whatever you wanted to do in that car. But, when the car is in an area where the public could see what shenanigans were going on in there – then it becomes an issue. We generally see two different types of cases related to having sex in a car: 1. Two people engaging in intercourse and 2. One person engaging in an act of masturbation. So, having sex with another person or having sex with yourself. Interestingly, these two situations are charged differently. Someone caught having sex in their car in a parking lot or some other place viewable to the public would be charged with Public Indecency, a non-sexual petty offense. However, someone accused of masturbating in their car would be charged with Indecent Exposure, a misdemeanor sex offense.
Larimer County Public Indecency Attorney: Definition of Car Sex Public Indecency in Colorado
The Larimer County, Colorado law definition of Public Indecency – C.R.S. 18-7-301 – is:
(a) An act of sexual intercourse; or
(b) (Deleted by amendment, L. 2010, (HB 10-1334), ch. 359, p. 1707, § 1, effective August 11, 2010.)
(c) A lewd exposure of an intimate part as defined by section 18-3-401 (2) of the body, not including the genitals, done with intent to arouse or to satisfy the sexual desire of any person; or
(d) A lewd fondling or caress of the body of another person; or
(e) A knowing exposure of the person’s genitals to the view of a person under circumstances in which such conduct is likely to cause affront or alarm to the other person.
For someone having sex in their car, they would likely be charged under subsection (a). Public Indecency is charged as a petty offense, punishable by up to 10 days in the Larimer County Jail and $300 in fines.
Loveland and Estes Park Indecent Exposure Lawyer: Definition of Indecent Exposure
In Fort Collins, Loveland, and Estes Park, Colorado, Indecent Exposure – C.R.S. 18-7-302 – is defined as:
(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.
So, if a person is caught masturbating in their car, then they would be charged under subsection (b). We have seen cases where there does not need to be an actual exposure of intimate parts to charge this crime. Simply someone identifying the motions involved, even if the person is covered, is enough to charge this class 1 misdemeanor sex offense.
If you or someone you love has been charged for having sex in your car i.e. Public Indecency or Indecent Exposure, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
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