People do things they wish they didn't when they are drunk. For example, a Colorado man was arrested for Indecent Exposure earlier this year after the police found him passed out in his vehicle, exposing himself. Unfortunately, the law doesn't take into account a person's level of sobriety when they commit a crime. Let's look at the crime of Indecent Exposure in Denver, Adams, and Jefferson County, and across Colorado.
What is Indecent Exposure in Colorado?
In Colorado, a person will be arrested for Indecent Exposure – C.R.S. 18-7-302, if they knowingly expose their genitals to the view of another person, in circumstances which are likely to cause affront or alarm, with the intent to arouse or satisfy the sexual desire of any person. That definition is simple enough, but we're going to break it down even further. There are three elements which must be present in order for a person to be convicted of Indecent Exposure:
- The knowing exposure of genitals to public view
- In a way which is likely to cause shock or surprise
- With the intent to arouse or satisfy sexual desire
Level of Sobriety Isn't Considered
As you can see, nowhere in the statute does it consider whether or not a person is drunk at the time they exposed themselves. The defendant has to “knowingly” expose themselves, but police officers don't always consider this when they arrest someone. And, District Attorneys often overcharge this crime, knowing the defendant is inexperienced with the court system and procedures. They often pressure terrified people into accepting plea deals without knowing the whole story. While Indecent Exposure is a misdemeanor, it is a sex offense. If you are convicted of this crime, you will have to undergo harsh sex offender treatment overseen by the Sex Offender Management Board (SOMB), and register as a sex offender in Arapahoe, El Paso, and Douglas County.[pullquote align=”center” textalign=”center” width=”80%”]We all do things we wish we hadn't when we drink – don't let a mistake determine your future.[/pullquote]
Did You Expose Yourself While Drunk? We Can Help
We all do things we wish we hadn't when we drink too much. Here at the O'Malley Law Office, we don't think a night of misjudgment should ruin your chances of a bright future. There is hope! Don't plead guilty out of pressure from a DA in order to avoid county jail time. Contact an honest criminal defense lawyer who will give you a good understanding of how to fight the charges against you. You need a skilled attorney by your side who will be your advocate in the courtroom.Request a Free Consultation
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