Indecent Exposure is a sexual offense charged in Greeley and Weld County. It is generally charged as a misdemeanor, but can be a felony if certain aggravators apply. Let’s take a closer look at the elements of this crime.
Greeley Indecent Exposure Attorney: How is Indecent Exposure Charged in Colorado?
The Greeley, 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.
The sexual gratification is the vital part of this statute. If the intent of an exposure is to cause alarm to another, then it is charged as Public Indecency. But if the sexual component is there – it is Indecent Exposure.
Penalty for Indecent Exposure in Erie and Evans
In Erie, Evans, and across Weld County, Indecent Exposure is generally charged as a class 1 misdemeanor sex offense. This level misdemeanor is punishable by up to 364 days in the Weld County Jail. A conviction of this misdemeanor will also require a person to register as a sex offender for a period of time. Indecent Exposure can also be charged as a class 6 felony if one of the following aggravators apply:
- Subsequent to two prior convictions of a violation of this section or of a violation of a comparable offense in any other state or in the United States, or of a violation of a comparable municipal ordinance; or
- When the person who commits indecent exposure knew there was a child in view of the act and the person is more than eighteen years of age and more than four years older than the child.
The class 6 felony Indecent Exposure is punishable by 12 to 18 months in the Colorado Department of Corrections. The registration requirement would apply to the felony conviction as well.