Is Indecent Exposure a Felony in Colorado? Explaining CRS 18-7-302

Indecent exposure charges in Colorado can carry serious consequences that extend far beyond the initial criminal penalties. A conviction for this offense can impact your freedom, your finances, and even your future opportunities. That’s why it’s critical to understand exactly how Colorado law defines and punishes indecent exposure – and how an experienced criminal defense attorney can protect your rights every step of the way.

What is Considered Indecent Exposure Under Colorado Law?

Many people are surprised to learn that Colorado actually has two separate but related statutes covering indecent exposure and public indecency offenses. While these crimes share some similarities, the specific definitions and elements that prosecutors must prove are quite distinct.

Indecent Exposure – CRS 18-7-302

Under Colorado Revised Statute 18-7-302, 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.

Some key phrases to unpack here:

• “Knowingly” – This means the exposure was done intentionally, not by accident. Merely forgetting to zip up after using the restroom, for example, would not qualify.
• “Genitals” – The statute specifies exposure of genitalia. Other private parts like the buttocks are not included in the legal definition of indecent exposure, though may fall under public indecency.
• “Likely to cause affront or alarm” – The circumstances and context of the exposure are crucial. Flashing someone in a public park is very different than a perceived glimpse in a private changing room. The exposure must be of a nature that the average person would find offensive or disturbing.

Public Indecency – CRS 18-7-301

In contrast, Colorado’s public indecency law prohibits a broader range of lewd or indecent acts, specifically when done in a public place or where the conduct may reasonably be expected to be viewed by members of the public. This includes exposure of intimate parts (not just genitalia) for the purpose of sexual gratification, as well as sexual activity or masturbation in public view.

The key distinction from indecent exposure is the intent behind the acts – they must be done to arouse or satisfy the sexual desire of any person. So, streaking naked as a dare wouldn’t count, but masturbating in a parked car would.

Examples of Prohibited Conduct

To further illustrate the differences between indecent exposure and public indecency, consider these examples:

• Deliberately flashing genitals to passersby on a busy street – Indecent Exposure
• Having sex in a public park – Public Indecency
• Urinating against a building in plain view – Could be charged as either offense depending on context and intent
• “Mooning” others out a car window – Public Indecency
• Changing clothes in a public restroom – Likely neither, as not sexual and not in view of others

As you can see, the specific facts and circumstances make all the difference in how an act is defined and charged under Colorado law. This is why it’s so important to have an experienced criminal defense attorney review the unique details of your case and build the most effective strategy.

Penalties for Indecent Exposure in Colorado

The stakes for an indecent exposure conviction are high. In most cases, a first offense is a class 1 misdemeanor, punishable by:

• Up to 364 days in county jail
• A fine of up to $1,000

And the consequences don’t end there. Colorado law requires anyone convicted of indecent exposure to register as a sex offender – a status that can follow you for years and seriously limit where you can live, work, and even travel. You’ll be subject to ongoing reporting requirements and restrictions, and your name and photo will be publicly accessible on the Colorado sex offender registry.

When Indecent Exposure Becomes a Felony

While rare, there are certain aggravating factors that can bump the offense up from a misdemeanor to a class 6 felony. Prior convictions for unlawful sexual behavior are the most common reason, but the charge can also be elevated based on the age of the victim (under 15) or the specific nature of the act, such as masturbating in front of a child.

As a class 6 felony, indecent exposure carries:

• 12 to 18 months in prison
• A fine of up to $100,000
• Mandatory sex offender registration

Defending Against Colorado Indecent Exposure Charges

At Dawson Law Office, our attorneys have years of experience fighting indecent exposure charges and know exactly how to pick apart the prosecution’s case.

Some common defense strategies include:

Lack of Intent

Remember, indecent exposure must be done “knowingly.” If the exposure was purely accidental or unintentional, that can be a complete defense to the charge.

Insufficient Evidence

Prosecutors must prove every element of the offense beyond a reasonable doubt. If there are no independent witnesses or video evidence, it may come down to a “he said, she said” situation where it’s difficult to meet that high burden of proof.

Constitutional Challenges

In some circumstances, the exposure may be protected expression under the First Amendment. This is a complex legal argument that requires careful analysis of the specific facts and relevant case law.

Mistaken Identity or False Allegations

Sadly, we’ve seen cases where an innocent person is wrongly accused, either due to an honest mistake or deliberate lies. A skilled attorney will know how to investigate and expose these false allegations.

Even if the evidence is strong, an experienced lawyer may be able to negotiate for a reduction to the lesser petty offense of public indecency or potentially even a complete dismissal. The earlier you involve a knowledgeable criminal defense attorney, the more options you’ll have to fight the charges.

Frequently Asked Questions

Is public urination considered indecent exposure?

It depends on the specific circumstances, but if someone deliberately exposes their genitals to urinate in view of others, they could potentially face indecent exposure charges. However, more often this is charged as public indecency as there is no sexual intent.

What about breastfeeding in public?

Colorado law specifically exempts breastfeeding from the definitions of indecent exposure and public indecency. A mother has a right to nurse her child anywhere she has a legal right to be, without violating any public decency laws.

Is sex offender registration always required for indecent exposure?

While registration is the norm, there are a few narrow exceptions. If there was no sexual intent and no one else was present or alarmed by the exposure, a judge may have discretion to not impose the registration requirement. But in the vast majority of cases, a conviction for indecent exposure will trigger mandatory sex offender registration obligations.

Discuss Your Case with an Experienced Colorado Criminal Defense Lawyer

At Dawson Law Office, we have years of experience successfully defending clients against even the most serious sex crime allegations. We’ll thoroughly investigate the facts, work hard to keep you off the sex offender registry, and fight for the best possible outcome.

Don’t face these charges alone. Contact us today to schedule a consultation with a knowledgeable Colorado criminal defense lawyer who can give you an honest assessment of your case and your options. With so much at stake, you can’t afford not to have a legal advocate on your side.