The New York Post recently posted an article about a woman who claims she was told that while she was sleeping on her flight to Paris, the man next to her was masturbating. The woman said she was called to the back of the plane, after she woke up and right before landing, so the flight attendant could inform her of what was going on while she was sleeping. The woman was not only upset that no one woke her while it was happening, but also, they made her sit back in the seat next to him for the remainder of the flight. I find it highly unlikely that a man would be allowed to sit on a plane touching himself while no one did anything. Had the plane been landing at the Denver International Airport, the man likely would be facing charges for Indecent Exposure upon landing and immediately be arrested.

CRS 18-7-302 Indecent Exposure: Definition of Indecent Exposure in Arapahoe County and Jefferson County

The Arapahoe County, Colorado law definition of Indecent Exposure – C.R.S. 18-7-302(1)(a) – is:

(b) If he or she knowingly performs an act of masturbation in a manner which exposes the act to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person.

Interestingly, there doesn't have to actually be any exposure to charge this crime in Jefferson County. My guess is the man was completely covered, but that the movement he was making made everyone believe he was masturbating. We have seen many cases like this, where a person is completely covered, maybe sitting in their car at the back of a parking lot and someone calls the police.

Indecent Exposure Penalty / Sentence in Douglas County: Different than Public Indecency in Adams County, Colorado?

Indecent Exposure is a class 1 misdemeanor sexual offense, which is punishable by 6 to 18 months in the Douglas County Jail and up to $5,000 in fines, along with a requirement to register as a sex offender. The similar crime of Public Indecency, a class 1 petty offense, is not a sex offense (for a first offense) and does not require sex offender registration. Oddly enough, you can be charged with Public Indecency in Adams County for fondling another person, but charge with Indecent Exposure for fondling yourself.

If you or a loved one has been charged with Indecent Exposure, be smart, exercise your right to remain silent, and contact the best Indecent Exposure criminal defense attorneys from the O'Malley Law Office at 303-830-0880 today. Together, we can protect your future.