Sometimes, we don't always think about how others are going to react to our actions. One man certainly didn't, and his actions led to a call to police. According to the news, the man was allegedly seen outside of a coin laundry touching himself. He was apparently fondling himself inside of his vehicle with both windows rolled down. According to police, he had his pants' zipper open and was exposing his underwear. He probably wouldn't have been caught if it weren't for touching himself inappropriately while staring at a woman in a car parked next to him. The news story states the man was charged with Public Indecency for these actions. However, in Douglas and Arapahoe County, Colorado, the man would likely instead be charged with Indecent Exposure. Let's keep reading to find out why.

Public Indecency in Denver: Your Genitals Must Be Exposed to Be Charged

In Denver and Jefferson County, Public Indecency, C.R.S. 18-7-301, is charged under several circumstances. If applying Public Indecency to the man in this news story, he would have had to knowingly expose his genitals to the view of a person under a circumstance that would have likely caused affront or alarm to that person. However, because his genitals were not exposed, he would likely be charged with a similar sex crime – Indecent Exposure.

Adams County Indecent Exposure: Your Genitals Don't Have to Be Exposed to Be Charged

In Adams County and across Colorado, one way Indecent Exposure, C.R.S. 18-7-302, can be charged is if a person knowingly performs an act of masturbation in a manner which exposes the act to the view of any person. The act of masturbation must also be under circumstances where the conduct would cause affront or alarm. What's interesting about this statute is that genitals don't have to be exposed to be charged with Indecent Exposure. That's because of the statute's definition of masturbation, which includes:

“the real or simulated touching, rubbing, or otherwise stimulating of a person's own genitals or pubic area for the purpose of sexual gratification or arousal of the person, regardless of whether the genitals or pubic area is exposed or covered.”

Criminal Charges for Touching Yourself?

For the man to have fondled himself (performed an act of masturbation) and caused alarm to the woman in the car next to him, he could be charged with Indecent Exposure. And, according to the definition of masturbation, even if the man's genitals weren't exposed, he could still be charged with Indecent Exposure. He could even be charged with Indecent Exposure if his inappropriate touching was simulated. In other words, he could still be charged even if he was only pretending to engage in an act of masturbation / inappropriate touching. It seems a little extreme to be charged under these circumstances, especially when someone could completely misinterpret a situation. That's why it's so vital to hire an experienced Indecent Exposure criminal defense lawyer. Our Denver Indecent Exposure criminal defense attorneys fight hard to uncover all evidence in a criminal case to make sure you haven't been overcharged or unreasonably charged by the government.

Why You Need a Denver Indecent Exposure Criminal Defense Attorney

As said before, it's not hard to be charged with Indecent Exposure or Public Indecency in Denver and across Colorado. While Public Indecency is normally a class 1 petty offense, Indecent Exposure is normally a class 1 misdemeanor in Colorado. A conviction of either offense could lead to a Denver County Jail sentence and possible fines. If you've been charged, arrested or accused of Public Indecency or Indecent Exposure, call our office today.

If contacted by police because of Public Indecency or Indecent Exposure charges, be smart, exercise your right to remain silent, and call the best criminal defense attorneys at the O'Malley Law Office at 303-830-0880, or submit the “Get Help Now” form for a free consultation. Together, we can protect your future.

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