According to the news, a woman was allegedly dared by her friends to sit outside of a Dunkin Donuts without any clothes on. Apparently, the dare was part of a dance troop pledge. Her pledge was so important to her, that she even refused to accept clothes offered to her by police. The woman was served charges of Indecent Exposure as a result of the situation.
What is Indecent Exposure in Denver?
The definition of Indecent Exposure, C.R.S. 18-7-302, is:
A person commits indecent exposure in Arapahoe and Douglas County if:
- He or she knowingly exposes his or her genitals to any person with the intent to arouse or satisfy the sexual desire of any person, or
- He or she knowingly performs an act of masturbation to any person to cause alarm.
Someone acts “knowingly” when he or she commits an act knowing what the law states about that act and its consequences. The woman in this news story was naked, so her genitals were exposed. This woman also likely knew that her genitals were exposed, and chose to do it in a public place. This explains some of why she faced this charge. Normally, indecent exposure is a class 1 misdemeanor, but it would be a class 6 felony if someone has had convictions of the same charge before. However, it is difficult to know if the woman was “knowingly” trying to arouse others by sitting outside naked. This is why an Indecent Exposure charge against her could be a bit unreasonable. It is more likely that she could be charged with Public Indecency, C.R.S. 18-7-401, which includes a knowing public exposure of the person's genitals to another person to cause affront or alarm. This woman knew she was sitting outside naked because she chose to do it. And, being naked in a public place is alarming and unexpected to many, which is why it is likely that she could face a Public Indecency charge. Public Indecency is normally a petty offense, which is a lesser charge than that of Indecent Exposure.
Consequences in Colorado for Public Indecency: Urination in Public
Let's look at an example of how Public Indecency can be charged in Colorado:
Suppose you are hanging out at a reservoir with some friends, just minutes from the center of your town. It's during the summer time, and you and your friends are trying to cool off and have fun. It sounds serene, but there's one problem. There is no public restroom nearby, and you need to use it. Willingly, you decide to stand on a rock and relieve yourself in the reservoir, not realizing there are people around that saw you.”
In this situation, someone could be charged with Public Indecency because it's possible for his or her genitals to cause alarm to others. Though this situation seems harmless, it can lead to more serious charges. If someone pees in public more than once, this crime becomes a class 1 misdemeanor in Jefferson, Adams County, and across Colorado, which can result in 6 to 18 months in jail and a sex conviction. If someone pees in public with the intent to arouse others, he or she could face Indecent Exposure charges.
Why You Need a Denver Criminal Defense Attorney to Help
You need the support of the best criminal defense lawyer who will fight to win your case.
Frequently, men and women are charged with these two crimes after making a mistake. They are seen by others when undressed, but not on purpose. When multiple convictions of the same charge occur, there are harsh consequences. Some include registering as a sex offender and obeying the rules of the Sex Offender Management Board (SOMB). If you are facing charges of Indecent Exposure or Public Indecency, don't wait. The criminal defense lawyers at the O'Malley Law Office have won many sex cases by getting involved early in the case.Request a Free Consultation