Recently, a high school teacher in Boulder was arrested for Indecent Exposure (C.R.S. 18-7-302). Allegations are that the teacher visited garage sales wearing shorts with no underwear. They further state he would kneel down, make eye contact, and then turn his body to expose his genitals.
In Adams, Arapahoe and Jefferson County, Indecent Exposure is a class 1 misdemeanor, for a first offense. The class of offense increases with each new offense. In this situation, a conviction may have other important repercussions to the man's teaching career and personal life.
This case and other sex offenses cause me to think of the movie “Le Miserables”, as I consider the real consequences of any criminal sex conviction. In this movie, Jean Valjean muses, “Yeah! I served my sentence. Now my punishment begins.” If found guilty of Indecent Exposure, this teacher's maximum sentence will be six to eighteen months in the Boulder County jail. It is true the man will not likely receive any jail sentence for a first offense, but, there are other serious issues at stake for convicted sex offenders. In addition to humiliation before family and friends, the man will likely never be employed as a teacher in Colorado again, based on the law at C.R.S. 2-60.5-107(2.5)(a)(II). This man will need to register as a sex offender, and his record will be open to the public for the rest of his life. Most job openings use background checks for almost any occupation, and many are not willing to hire a person with a conviction for Indecent Exposure or any other sex offense. It is a serious barrier to employment and housing.
Other issues caught my attention concerning this case. The suspect spoke with officers from the Longmont Police Department. I warn my clients to never talk with police. While the man in this case made an outright denial of the charges, district attorneys and police are trained at building their cases. They will piece together admissions to unlawful conduct, or component elements to unlawful behavior based on many seemingly non-incriminating questions and answers. When the accused says nothing at all to police, nothing can be reported, and nobody can piece together your words in unintended ways.
Our attorneys at the O'Malley Law Office, P.C., and experienced with many years working on indecent exposure cases from Denver, Douglas and Larimer County, and across the state of Colorado. If you or someone you care about has been contacted by police regarding any sexual crime, be smart, exercise your right to remain silent, and call us at 303-830-0880. Together we can protect your future.