In the comfort of your own home is often where you are free to be yourself. According to one recent news story, a man certainly took advantage of the freedom to be himself after going out on his balcony undressed. Apparently, a female neighbor called and complained about the man after seeing the man on the balcony of his home without pants or underwear. When an officer confronted the man, the man said he had a right to be undressed on his own property. The officer told him he did not have the right to be undressed when he could be observed by others. In Denver and Arapahoe County, the man would likely face charges of Public Indecency, C.R.S. 18-7-301. If you are facing charges of Public Indecency in Denver or Arapahoe County, call the O'Malley Law Office immediately.
What is the Definition of Public Indecency in Denver and Jefferson County?
In Denver and Jefferson County, the definition of Public Indecency includes if any person performs an act of sexual intercourse, exposes an intimate part of the body (not including the genitals) to arouse or satisfy the sexual desire of another person, lewdly fondles or caresses the body of another person, or knowingly exposes their genitals to the view of another person, causing alarm. A person would have to commit any of the above acts in public, where the conduct may likely be expected to be viewed by others. Since the man in the news story allegedly exposed his genitals to the view of others (on his balcony), likely causing alarm, he would be facing charges of Public Indecency.
Public Indecency vs. Indecent Exposure Charges in Adams County
In Adams County, Public Indecency is closely related to Indecent Exposure. In many unfortunate cases, police and District Attorneys assume arousal is the motive behind a person exposing themselves in public, and charge Indecent Exposure instead of Public Indecency. Unlike Public Indecency, Indecent Exposure is a sexual offense and comes with sex offender registration and treatment upon a conviction. Indecent Exposure is also either a class 1 misdemeanor or class 6 felony, while Public Indecency is either a class 1 petty offense or class 1 misdemeanor (under more extreme circumstances). Public Indecency should be charged under most circumstances where a person is caught exposing themselves unless the DA can prove there was sexual intent.
Douglas County Public Indecency | When Should You Call a Criminal Defense Attorney?
If you are facing a criminal charge or arrest for Public Indecency in Douglas County, you should consult a criminal defense lawyer immediately. Do not speak with police. In some cases, a criminal defense lawyer may be able to use an affirmative defense in your Public Indecency case. An affirmative defense could be that someone forced you to commit Public Indecency, or even that police entrapped you into committing Public Indecency. Whatever the case may be for your Public Indecency arrest or criminal charges, the first thing you should do is contact a criminal defense attorney who will fight for you. Your future is valuable and worth fighting for.Request a Free Consultation
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