Indecent Exposure in Colorado
The attorneys at Rights & Liberties Law Firm are experienced criminal defense attorneys in Colorado who defend people charged with offenses including indecent exposure.
C.R.S. 18-7-302, Colorado’s Indecent Exposure Statute
In Colorado, a person commits indecent exposure if they knowingly expose their 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. Additionally, a person commits indecent exposure if they knowingly perform 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.
Possible Penalties for Indecent Exposure in Colorado
Offense
Class 1 Misdemeanor
Class 6 Felony
- Up to 364 days in jail; and/or
- $1,000 fine;
- Restitution;
- Sex offender registration
- 1-18 months in Colorado State Prison or Community Corrections followed by 1 year of mandatory parole; or
- Probation; and/or
- $1,000 – $100,000 fine;
- Restitution;
- Sex offender registration
- Up to 364 days in jail; and/or $1,000 fine;
- Restitution;
- Sex offender registration
- 1-18 months in Colorado State Prison or Community Corrections followed by 1 year of mandatory parole; or
- Probation; and/or
- $1,000 – $100,000 fine;
- Restitution;
- Sex offender registration
What Are the Elements of Indecent Exposure in Colorado?
(1) Knowingly exposing one’s genitals to the view of any person.
(2) Under circumstances likely to cause affront or alarm to the other person.
(3) With the intent to arouse or satisfy the sexual desire of any person.
(4) Alternatively, knowingly performing an act of masturbation in a manner which exposes the act to the view of any person under circumstances likely to cause affront or alarm.
Defenses to Indecent Exposure in Colorado
General Denial
The accused will be acquitted if the prosecution cannot prove every element of the offense beyond a reasonable doubt.
Consent
If the person to whom the exposure was made consented to it, this can be a valid defense.
Reasonable Expectation of Privacy
If the exposure occurred in a place where you had a reasonable expectation of privacy, such as a secluded area or a designated nude beach, it might not be considered indecent exposure.
Mistaken Identity
This defense attacks the element of who committed the alleged offense.
Alternate Suspect
This defense casts doubt on the identity element of the offense by suggesting another person committed the crime.
Duress
Under C.R.S. 18-1-708, a person may not be convicted if they engaged in the conduct due to the use or threatened use of unlawful force.
Entrapment
Under C.R.S. 18-1-709, the commission of acts which would otherwise constitute an offense is not criminal if the defendant was induced to do so by law enforcement.
Statute of Limitations for Indecent Exposure in Colorado
- Misdemeanor indecent exposure charges must be filed within 18 months. C.R.S. 16-5-401(1)(a.5)
- Felony indecent exposure charges must be filed within 3 years. C.R.S. 16-5-401(1)(a.5)
Legal References
Contact the Attorneys at Rights & Liberties Law Firm to Fight for You Today
If you’ve been charged with indecent exposure contact the attorneys at Rights & Liberties Law Firm to vindicate your rights and protect your liberties. If you’re facing criminal charges or fear you may be charged time is of the essence. Start Your Free Criminal Defense Case Quote. By retaining Rights & Liberties Law Firm you can rest assured that:
- The attorneys at Rights & Liberties Law Firm will use experienced investigators and experts to look into the case to get ahead of the police and prosecutors, whether there has already been an arrest or an investigation is on-going;
- The attorneys at Rights & Liberties Law Firm will advocate for you during your bond hearing to get you released from custody on the lowest possible amount of bail or on a personal recognizance bond;
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- The attorneys at Rights & Liberties Law Firm are trial dogs. If you’re prepared to go all the way, so are we. We’ll take your case to the jury and fight with everything we’ve got to secure your acquittal.
- The attorneys at Rights & Liberties Law Firm are skilled negotiators. If you’ve made a mistake we will leave no stone unturned in presenting mitigation to contextualize your circumstances. We will obtain information and prepare a mitigation presentation or report to the prosecutor to present you in your best light and show the state and the judge that despite your mistakes you’re a dignified human being worthy of leniency and redemption. We will protect you from the overly punitive instincts of the criminal legal system and obtain the best plea bargain possible.
- If you’re up against the wall facing serious charges, jail, or prison time the attorneys at Rights & Liberties Law Firm have your back. From drug distribution and barfights to sex assaults and homicides the attorneys at Rights & Liberties Law Firm know that life gets wild and things fall apart. We’ll fight to keep your life together and advocate to ensure that you receive a non-prison sentence, or one which results in the lowest amount of prison time possible.
- If you’re wondering why we do this work, we’re in it because we care. At Rights & Liberties Law Firm we believe that no individual’s crime holds a candle to the injustices meted out by our unusually cruel overly punitive criminal legal system. At Rights & Liberties Law Firm we fight for people whose talents, dreams, and lives have been put on hold by a criminal accusation. Let us fight for you.