In Loveland and Fort Collins, Indecent Exposure is usually a misdemeanor sexual offense. There are two different actions that can result in an Indecent Exposure charge, and one of them doesn’t even require an exposure! How is this possible? Let’s take a look at the statute to find out.
Lawyer for Indecent Exposure Charges in Fort Collins: How is Indecent Exposure Charged in Colorado?
The Fort Collins, 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.”
So, you can be charged with this crime for exposing an intimate part for sexual gratification or for masturbating in view of another. Masturbation is an important definition in this charge. The law defines masturbation as:
“the real or simulated touching, rubbing, or otherwise stimulating of a person’s own genitals or pubic area for the purpose of sexual gratification or arousal of the person, regardless of whether the genitals or pubic area is exposed or covered.
The last part is VERY important – whether the genitals are exposed or covered. So, if a person could be completely covered and someone assumes they are masturbating, then they could be charged with this sex offense.
Penalty for Indecent Exposure in Larimer County
In Larimer County, Indecent Exposure is a class 1 misdemeanor, as long as certain aggravators apply. The class 1 misdemeanor is punishable by up to 364 days in the Larimer County Jail. If the person charged has two or more prior convictions for unlawful sexual behavior or the Indecent Exposure was committed in view of a child aged 15 or younger, then it is a class 6 felony. The penalty for this level felony is 12 to 18 months in the Colorado Department of Corrections.
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 initial consultation. Together, we can protect your future.
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