Indecent Exposure is charged in Fort Collins and Larimer County when a person exposes themselves with the intent to arouse a sexual desire. Recently, a pilot was arrested for this crime and his attorney is requesting the case be dismissed because being naked is not a crime. According to the news article, the pilot was naked in his hotel room on the 10th floor when he opened the curtains. Apparently, people 100 yards away in the terminal saw the naked man and reported it. Police arrived at the hotel to arrest him for Indecent Exposure, claiming that there were pictures of him masturbating. Later, witnesses confirmed that there was no masturbation involved. I think it’s safe to say that someone on the 10th floor of a building would assume that no one could see into their room. It seems that anytime nudity is involved, law enforcement assumes it is sexual in nature to charge the sex offense, and that definitely seems to be the case for this pilot.
Larimer County Indecent Exposure Lawyer: Definition of Indecent Exposure For Pilot in Boulder
The Larimer and Boulder 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.
In both situations above, there has to be a sexual element – either intent or masturbation. The attorney for the pilot is arguing that neither apply to this case, so the case should be dismissed.
Sentence for Indecent Exposure in Loveland and Estes Park
As a class 1 misdemeanor sex offense in Fort Collins, Loveland, and Estes Park, Indecent Exposure is punishable by 6 to 18 months in the Larimer County Jail and up to $5,000 in fines. A conviction would also require registering as a sex offender for a period of time.
If you or someone you love has been charged with 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 your free consultation. Together, we can protect your future.
Photo by Kevin Bluer on Unsplash