Indecent exposure

[Sanch43]

What is the name of your state? Colorado
How does a person get convicted of indecent exposurse and register as a sex offender if there was nobody present 15 or younger at a bar at 200 am
Help

 

[Taxing Matters]

What is the name of your state? Colorado
How does a person get convicted of indecent exposurse and register as a sex offender if there was nobody present 15 or younger at a bar at 200 am
Help

Indecent exposure in Colorado has nothing to do with the age of people who may have seen the act. Indecent exposure is the following:

(1) A person commits indecent exposure:
(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.​

Colo. Rev. Stat. § 18-7-302(1).

So if you knowingly exposed your genitals in a bar within the view of others or knowingly masterbated in view of others in that bar you are almost certainly guilty of this offense even if all the people in that bar were over 21. A first conviction of this offense in Colorado is a class 1 misdemeanor offense. It is also an offense that will require the convicted person to register as a sex offender in Colorado. Any person charged with this offense really needs to get a good criminal defense attorney to represent him/her.

 

[PayrollHRGuy]

(1) A person commits indecent exposure:
(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.
(2)(a) Deleted by Laws 2003, Ch. 199, § 31, eff. July 1, 2003.
(b) Indecent exposure is a class 1 misdemeanor.
(3) Deleted by Laws 2002, Ch. 322, § 21, eff. July 1, 2002.
(4) Indecent exposure is a class 6 felony if the violation is committed 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.
(5) For purposes of this section, “masturbation” means the real or simulated touching, rubbing, or otherwise stimulating of a person's own genitals or pubic area for the purpose of sexual gratification or arousal of the person, regardless of whether the genitals or pubic area is exposed or covered.

 

[Just Blue]

What is the name of your state? Colorado
How does a person get convicted of indecent exposurse and register as a sex offender if there was nobody present 15 or younger at a bar at 200 am
Help

 

[Sanch43]

I understand that so why is it classified as exposure to a minor 15 and under

 

[Just Blue]

I understand that so why is it classified as exposure to a minor 15 and under

Please post the charge you were arrested for.

 

[Sanch43]

1998M6944 Indecent exposure that was my orignal charge

 

[HighwayMan]

So you've already been convicted? Is that it?

 

[Sanch43]

Yes i have been convicted already

 

[justalayman]

(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;

So if there is no intent to arouse or satisfy the sexual desire of any person I can walk around with my junk hanging out?
If the performance is meant to offend somebody, kind of like a middle finger to the max, it would be legal?

 

[justalayman]

Yes i have been convicted already

That doesn’t apppear to be a Colorado statute. Was this in Colorado and if so, do you have the actual statute charged?

 

[quincy]

That doesn’t apppear to be a Colorado statute. Was this in Colorado and if so, do you have the actual statute charged?

It doesn't appear to be any state's statute.

 

[not2cleverRed]

It doesn't appear to be any state's statute.

It appears to be OP's Case #.

 

[quincy]

The 1998 year is a puzzle then - unless it has taken Sanch awhile to worry about the conviction.

 

[Taxing Matters]

I understand that so why is it classified as exposure to a minor 15 and under

Your post listing the charge appears to have your case number, which suggests the charges were filed in 1998. From 1995 through 2003 the indecent exposure offense had two different offense levels: for a crime committed in which one or more of the persons who saw it were under age 15 it was a class 2 misdemeanor; if no one was under age 15 then it was a class 3 misdemeanor. The only difference here is the degree of the misdemeanor, which in turn impacts the range of sentences the court may impose. In 2003 the age distinction was eliminated entirely and all indecent exposure cases were upgraded to the more serious class 1 misdemeanor.

In addition that, if any victim was under age 15 there are some special rules that apply for the trial in CRS 18-3-411.