Indecent exposure

[Taxing Matters]

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?

No. It just wouldn't be the crime of indecent exposure. Instead, it would fall under the crime of public indecency, which is a petty offense on a first conviction rather than a misdemeanor. Public indecency includes several things, but as it applies to you walking around with your genitals hanging out, it includes "A knowing exposure of the person's genitals to the view of a person under circumstances in which such conduct is likely to cause affront or alarm to the other person." Colo. Rev. Stat. § 18-7-301(1)(e).

 

[quincy]

In other words. justalayman, you can't legally walk around in Colorado with your junk hanging out. For that, I am sure all Coloradans are grateful.

Sanch, what exactly were you charged with? Why the interest 20 years later? Are you looking to get your record expunged?

 

[FlyingRon]

Books win again My Colorado online statutes only go back to 2012.

The good news is that either way the sex offender reporting is the same. And either way, you can get off the sex offender registration after five years (barring other convictions) from your release. If he indeed was convicted in 1998, he certainly should be eligible.

 

[Taxing Matters]

Books win again My Colorado online statutes only go back to 2012.

There are some things for which having the actual books is useful — the computer has not (yet) totally eliminated the need for books.

I maintain a print library of certain materials either because those materials are more useful (or less expensive to use) in printed form or because doing that gives me information not easy to get via computer. Keeping each year editions of statutes that I use in practice fairly frequently has given me an invaluable resource when I need to look at how statutes read in prior years. That said, in this instance I used my electronic research service. It had all the legislative amendments to the statute going back several decades.

 

[FlyingRon]

I'd heard you extoll the books before, that's why I made the comment. I do see the section repealed in 2003 but my copy doesn't show me what it was before.

 

[justalayman]

In other words. justalayman, you can't legally walk around in Colorado with your junk hanging out. For that, I am sure all Coloradans are grateful.

Sanch, what exactly were you charged with? Why the interest 20 years later? Are you looking to get your record expunged?

Believe it or not it wasn’t meant as a flippant statement. Now knowing there is another statute that covers exposed junk it makes sense. Upon reading the indecent exposure law it was easy to avoid as long as it wasn’t done for sexual gratification.

 

[quincy]

Believe it or not it wasn’t meant as a flippant statement. Now knowing there is another statute that covers exposed junk it makes sense. Upon reading the indecent exposure law it was easy to avoid as long as it wasn’t done for sexual gratification.

My remark, on the other hand, was meant to be flippant.

 

[Sanch43]

So I HAVE BEEN TO COURT HOUSE AND DA OFFICE AND POLICE STATION AND THEY ALL SAY THE SAME THING THAT THE FILE WAS TOSSED OUT SINCE IT IS AN OLD MISDEMEANOR CASE. WHY AM I STUCK

 

[stealth2]

Perhaps you should consult with a lawyer?

In any event - no need to yell at us.

 

[Sanch43]

I apologize if i was yelling at anyone . Didnt mean that at all. I was just asking if the city and county dont have any of the paperwork on this case can it get dropped and dismissed .

 

[Taxing Matters]

I apologize if i was yelling at anyone . Didnt mean that at all. I was just asking if the city and county dont have any of the paperwork on this case can it get dropped and dismissed .

That lack of records by itself is not going to get the conviction reversed. It is too late to get it "dropped and dismissed." That's done prior to trial or entering a guilty plea.

 

[Shadowbunny]

I apologize if i was yelling at anyone . Didnt mean that at all. I was just asking if the city and county dont have any of the paperwork on this case can it get dropped and dismissed .

Think of it like this: in the days before all records were electronic, if all criminal files were lost in a fire, do you think all the cases related to those files would then be dismissed?

 

[xylene]

Think of it like this: in the days before all records were electronic, if all criminal files were lost in a fire, do you think all the cases related to those files would then be dismissed?

Quite honestly I would suspect it would strongly aid expungement or any other post-sentence petitions.

 

[Taxing Matters]

Quite honestly I would suspect it would strongly aid expungement or any other post-sentence petitions.

The problem is a logical trap that exists. To get a record expunged or sealed, the record must exist. If all the records are gone by fire or whatever then there is no record to seal or expunge. Thus the action would fail as being moot.

 

[xylene]

The problem is a logical trap that exists. To get a record expunged or sealed, the record must exist. If all the records are gone by fire or whatever then there is no record to seal or expunge. Thus the action would fail as being moot.

That's a interesting point. I guess I understood it as the criminal files burned, not a global conflagration destroying all records of a conviction and sentence.