As sex crimes defense attorneys who have handled many sex crime cases in Colorado, it never comes as a surprise when a defendant is accused by a victim or a witness of committing a sexual offense. In fact, in one news story I read, an Aurora third-grade teacher was arrested for Indecent Exposure after masturbating at a gym. According to the story, the man was accused of masturbating in a shower while looking into another shower where an 11-year-old boy was bathing. The person who accused him of masturbating was a personal trainer employed at the gym. In Aurora, Denver, Colorado Springs, and across Colorado, the accused could face Indecent Exposure charges after masturbating in the shower.

Aurora and Arapahoe County Indecent Exposure Charges After Masturbating in Public

Indecent Exposure, C.R.S. 18-7-302, is charged in Arapahoe County whenever a person:

1. 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;
2. 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

Because the teacher was accused of performing an act of masturbation in a place likely to cause affront or alarm (a gym), it's likely he could face charges of Indecent Exposure. Note that the accused in the case above must have “exposed” (exposes) himself in the process of the masturbation.  If he was behind a shower curtain, this would be a tough case for Aurora prosecutors.  Masturbation (C.R.S. 18-7-302(5)), includes real or simulated touching, rubbing, or otherwise stimulating of a person's own genitals or public area for the purpose of sexual gratification or arousal of the person, regardless of whether the genitals or pubic area is exposed or covered. Indecent Exposure is a class 1 misdemeanor in Colorado, except that it's a class 6 felony if someone has been convicted twice of the same offense or of a comparable offense in any other state, or of a violation of a comparable municipal ordinance.

Adams County Indecent Exposure: Accusations Alone Can Tarnish Your Reputation

Our criminal defense attorneys stick to the Constitutional standard that: Everyone is innocent until proven guilty.

Whether this teacher is guilty or innocent, the accusations against him alone are enough to damage his reputation. His face, name, job description, area of residence, the accusations against him – are all public. Media coverage on many sex crime allegations in Colorado is almost endless. This means people in Adams and Douglas County learn who you are and what you've been accused of – online, in the newspaper or by word of mouth. Men, women and children alike can make accusations against a defendant for any number of reasons. In many cases, their sex crime accusations are false. In fact, in another one of my blogs, a different Aurora teacher faced charges of Indecent Exposure after a false allegation was made. Cases like these are why our criminal defense lawyers fight hard for our clients. We stick to the Constitutional standard that everyone is innocent until proven guilty. Unlike society, prosecutors, police and the media, when someone makes an allegation against you, it's not our first response to believe them. Instead, we examine all evidence to make sure it supports the charges you're facing. Next, we search for all available defenses to the accusations you are facing. We fight hard to protect your future.

Request a Free Consultation

If you or a loved one has been accused of Indecent Exposure or any other sex offense in Denver County, Jefferson County or El Paso County, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys in Colorado at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.

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