People commit crimes for many reasons in Denver, Arapahoe, and Jefferson County. Most people aren't intentionally trying to break the law; instead they make mistakes after drinking too much, or do something they don't know is illegal. A common motivation for the commission of crimes is someone taking a dare from a friend.  And, sometimes those dares are bizarre. For example, I recently read an article about a woman who is facing Indecent Exposure charges for standing outside a Dunkin' Donuts – completely naked. Let's take a look at this situation in order to understand how accepting a dare can result in criminal charges.

Accepting a Naked Dare Results in Sex Offense Charges

According to the news, employees from a Dunkin' Donuts were alarmed to see that a woman, who was stark naked, was scaring customers away from their shop. When the police arrived at the location, the woman began apologizing immediately. She explained she was naked as part of a pledge to a sorority. Unfortunately, sorority pledges aren't the exception to rules about being naked in public places. The woman was arrested and charged with Indecent Exposure.

What is Indecent Exposure? How Am I Charged?

This incident happened in another state – would the woman still have been arrested if she was taking the sorority pledge in Adams, El Paso, or Douglas County? Let's take a look at the Indecent Exposure statute to better understand how you are charged. In Colorado, a person will be charged with Indecent Exposure if they:

Knowingly expose their genitals to public view when their conduct is likely to cause alarm, with the intent to arouse the sexual desire of any person; or

Perform an act of
masturbation in a public place,when the
conduct is likely to cause alarm.

As a criminal defense attorney, it doesn't look like the woman outside Dunkin' Donuts should have been charged with Indecent Exposure. She fits the first two qualifications of the crime; 1) knowing exposure of genitals in a public place, 2) when such conduct is likely to cause alarm. But, she fails to fit the third qualification: 3) with the intent to arouse the sexual desire of any person. The woman's intent was to fulfill the embarrassing rules of her new sorority – not arouse sexual desire. If this woman hired an attorney from the O'Malley Law Office on her case, we would approach the District Attorney with this detail and work out a favorable plea to a lesser non-sexual offense, such as Public Indecency.

Take a Bad Dare? Why You Need a Criminal Defense Lawyer

If you took a bad dare and have been charged with a crime, the early involvement of an expert criminal defense lawyer is crucial. The woman outside Dunkin' Donuts needs to consult an attorney immediately. The police likely will try to contact her and get her to try to admit something proving she took the dare to arouse sexual desire. In Colorado, Indecent Exposure is a sexual offense, meaning the convicted person will be required to undergo sex offender treatment and registration. The aggressive defense of a hard-hitting lawyer often results in the charges being dropped, an acquittal or a dismissal, or a favorable plea agreement to lesser (non-sexual) crime, such as Public Indecency.

If you or a loved one took a dare and have been charged with a crime as a result, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.