Our top Fort Collins sex crimes lawyers have represented hundreds of clients charged with misdemeanor and felony sexual offenses alike. For that reason, it always piques our interest when laws surrounding sex crimes change in Colorado – or when they could possibly change in the future. For example, in January this year, the UK just passed a law prohibiting “cyberflashing” – i.e., sending unsolicited nude photos of yourself to another person. Since then, a man has already been convicted and sentenced to 15 months in prison for sending photos of his genitals to a 15-year-old girl and an adult woman. While such a law is not yet a part of Colorado law, there is a strong possibility that our state could go in this direction. In the meantime, however, there are several other sex crimes that share similarities with the UK’s “cyberflashing” crime.
Public Indecency, C.R.S. 18-7-301 and Indecent Exposure, C.R.S. 18-7-302 in Fort Collins
While there are no laws against flashing another person via texting or an internet platform in Fort Collins, there are laws prohibiting it in a public setting. Public Indecency, C.R.S. 18-7-301, and Indecent Exposure, C.R.S. 18-7-302, are both charged for displaying genitals in public, or where they can expect to be viewed by members of the public. The difference between these offenses is whether the defendant intended to arouse another person by pulling their genitals out. Public Indecency tends to be charged for acts like urinating in public, whereas Indecent Exposure is charged when a person flashes another to try to arouse them.
Larimer County Internet Sexual Exploitation of a Child, C.R.S. 18-3-405.4
Colorado may not have a law prohibiting sending unsolicited nudes – but it does prohibit any such behavior committed against children. Internet Sexual Exploitation of a Child, C.R.S. 18-3-405.4, is charged in Larimer County when an adult asks a child who is under 15 years old to look at the adult’s intimate parts via texting or an internet platform. This can include platforms like Snapchat, Instagram, Skype, etc. Conversely, it can also be charged when an adult asks a child under 15 to expose or touch their own intimate parts while texting or using an internet platform. In both cases, the adult must be at least 4 years older than the child.
Exchange of a Private Image by a Juvenile, C.R.S. 18-7-109 in Loveland and Estes Park
Exchange of a Private Image by a Juvenile, C.R.S. 18-7-109, is a civil infraction charged in Loveland and Estes Park when two juveniles engage in sexting. It is not an offense for two adults to exchange nude images with each other, but it is a crime for two juveniles to do so. This is because Colorado legislators acknowledge that juveniles are curious and wish to express their sexuality. Even so, sexting can put themselves in danger, as they are possibly creating child pornography by taking images of themselves and sharing them – hence why it is a chargeable offense.
Have you been charged with a sex crime? Always remember to be smart, and exercise your right to stay silent. Never discuss your charges with the Fort Collins Police or Larimer County Sheriff. Then call 970-658-0007 to discuss your case with a top sex crimes lawyer from the O’Malley Law Office today. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Andrea Piacquadio