Arrested for Indecent Exposure (CRS 18-7-302) in Colorado?

Under Colorado law (C.R.S. 18-7-302), deliberately exposing yourself in public isn’t just embarrassing – it’s a criminal offense that could require sex offender registration and permanently impact your ability to work, live, and travel where you want.

Whether the incident involved urinating in an alley after leaving Pearl Street bars, a college dare gone wrong, or a misunderstanding about private vs. public spaces, you need to understand exactly what you’re facing.

Indecent Exposure in Colorado Under C.R.S 18-7-302

In Colorado, the act of exposing oneself in public is typically charged under the state’s indecent exposure law. According to Colorado Revised Statutes § 18-7-302, a person commits indecent exposure if they knowingly expose their genitals to the view of any person under circumstances where such conduct is likely to cause affront or alarm to the other person.

It’s important to note that this law applies to situations where the exposure is intentional and done in a way that’s likely to offend others. Accidental exposure or exposure in places where it might be expected (like a designated nude beach) typically wouldn’t fall under this law.

Legal Process and Potential Penalties for Indecent Exposure

After the initial arrest and booking, you’ll enter the legal process. Here’s what that typically looks like:

1. Arraignment: This is your first formal court appearance where you’ll enter a plea (guilty, not guilty, or no contest).
2. Pre-Trial Proceedings: If you plead not guilty, your case will proceed to the pre-trial phase. This may involve negotiations between your attorney and the prosecutor, and possibly a preliminary hearing.
3. Trial: If a plea agreement isn’t reached, your case will go to trial.
4. Sentencing: If you’re found guilty or plead guilty, the judge will determine your sentence.

The penalties for indecent exposure in Colorado can be severe:

• First Offense: This is typically charged as a class 1 misdemeanor. Penalties can include 6 to 18 months in jail and/or a fine of $500 to $5,000.
• Subsequent Offenses: If you have a prior conviction for indecent exposure or other unlawful sexual behavior, the charge becomes a class 6 felony. This can result in 12 to 18 months in prison and/or a fine of $1,000 to $100,000.

Collateral Consequence of an Indecent Exposure Charge

The impacts of an indecent exposure conviction can extend far beyond the immediate legal penalties:

1. Sex Offender Registration: In Colorado, a conviction for indecent exposure requires registration as a sex offender. This can have significant long-term impacts on your life, affecting where you can live and work.
2. Criminal Record: A conviction will result in a permanent criminal record, which can make it difficult to find employment, housing, or obtain professional licenses.
3. Personal Relationships: Such charges can strain personal relationships and damage your reputation in the community.
4. Immigration Consequences: For non-citizens, a conviction could affect your immigration status and potentially lead to deportation.
5. Professional Consequences: Many professions have ethical standards that could be violated by an indecent exposure conviction, potentially leading to loss of licenses or certifications.

Possible Defenses to Indecent Exposure in Boulder, CO

If you’re facing indecent exposure charges, there may be defenses available depending on the specific circumstances of your case. Some possible defenses include:

1. Lack of Intent: You didn’t intentionally expose yourself or didn’t intend to cause alarm.
2. Mistaken Identity: You were wrongly identified as the person who committed the act.
3. Lack of Probable Cause: The arrest was made without sufficient evidence.
4. Mental Health Issues: In some cases, indecent exposure may be related to mental health conditions, which could impact the case.

What to Do If You’re Charged with Indecent Exposure

If you find yourself facing indecent exposure charges:

1. Remain Calm: Remember, being charged is not the same as being convicted.
2. Exercise Your Right to Remain Silent: Anything you say can be used against you in court. Politely decline to answer questions without a lawyer present.
3. Contact an Attorney: As soon as possible, get in touch with an experienced criminal defense attorney who has handled indecent exposure cases.
4. Follow Your Attorney’s Advice: Your lawyer will guide you through the legal process and advise you on the best course of action.
5. Consider Counseling: Depending on the circumstances, voluntarily seeking counseling or therapy might be beneficial both personally and in terms of your case.

Hiring a Boulder, CO, Sex Crimes Attorney

Given the serious nature of indecent exposure charges and the potential for long-lasting consequences, it’s crucial to have skilled legal representation. An experienced attorney can:

• Evaluate the evidence against you
• Identify any violations of your rights during the arrest or investigation
• Negotiate with prosecutors for reduced charges or alternative sentencing
• Represent you effectively in court if your case goes to trial
• Advise you on the potential impacts on your life and how to mitigate them

At Dawson Law Office, we understand the sensitivity and complexity of indecent exposure cases. We’re committed to providing vigorous defense while treating our clients with respect and discretion.

If you or someone you know is facing indecent exposure charges in Colorado, it’s crucial to take the situation seriously and seek experienced legal help immediately. At Dawson Law Office, we’re here to protect your rights, guide you through the legal process, and work towards the best possible outcome for your case.

Remember, everyone has the right to a fair trial and a robust defense. Don’t let one mistake define your future. Contact Dawson Law Office today for a confidential consultation, and let us help you navigate this challenging situation.

Frequently Asked Questions About Public Exposure Charges

What’s the difference between indecent exposure and public indecency in Boulder?

Under Colorado law, indecent exposure (CRS 18-7-302) involves knowingly exposing your genitals to alarm or offend others. Public indecency (CRS 18-7-301) involves broader conduct like public sexual acts, lewd behavior, or showing intimate parts for sexual gratification. Indecent exposure is typically more serious and requires sex offender registration.

Will I have to register as a sex offender for public exposure in Boulder?

Yes, if convicted of indecent exposure. Colorado law requires mandatory sex offender registration for indecent exposure convictions. However, public indecency charges typically don’t require registration. This is why having an experienced defense attorney who understands these distinctions is crucial.

Can I go to jail for exposing myself in public?

A first offense indecent exposure charge is a class 1 misdemeanor, punishable by up to 364 days in jail and fines up to $1,000. Second and subsequent offenses can be charged as felonies. Public indecency is generally a petty offense with lesser penalties.

What if I was just urinating in public?

Public urination could be charged as either public indecency or indecent exposure, depending on circumstances and intent. A skilled defense attorney may be able to argue for the lesser charge of public indecency since there was no sexual motivation or intent to cause alarm.

Can the charges be kept off my record?

Possibly. First-time offenders may be eligible for diversion programs or deferred judgments. These options could help you avoid a conviction and sex offender registration. However, you’ll need an experienced criminal defense lawyer to negotiate these alternatives.

What defenses are available for public exposure charges?

Common defenses include:

• Lack of sexual intent
• No intent to cause alarm
• Private vs. public space confusion
• Mistaken identity
• Mental health issues
• Intoxication affecting judgment

Should I try to explain myself to the police?

No. Don’t make statements to law enforcement without an attorney present. Even if you believe the incident was a misunderstanding, anything you say can be used against you. Contact a criminal defense attorney immediately.

Will my name appear in Boulder police reports or news?

Possibly. Police reports are public record, and local news often reports on arrests. However, an experienced attorney can help manage publicity and work to keep details private when possible.

Contact Dawson Law for a confidential consultation about your public exposure case. The sooner you get experienced legal representation, the better your chances of minimizing these serious consequences.