I read about an unusual occurrence the other day in the news. Apparently, a couple engaged in a sex act at a rock concert. The thing that stood out to me, however, was that the couple wasn't arrested for their behavior. The tavern where the concert was held did throw them out, but at the time, the sheriff's department was only looking into the situation. This concert wasn't held in Colorado, but if it was, the couple most certainly would be arrested for Public Indecency or Indecent Exposure. The latter crime is a sex offense in Denver, Arapahoe, and Jefferson County, and it has serious consequences. Let's look closer at why this couple would be charged.

Public Indecency and Indecent Exposure in Colorado

What's the difference between Indecent Exposure and Public Indecency?

Public Indecency and Indecent Exposure are extremely similar in Adams, Douglas, and El Paso County. The first isn't a sex offense unless a person is convicted twice in a certain period of time, but the latter is a sex crime. The Public Indecency statute clearly states that anyone who performs “an act of sexual intercourse” in a public place will be charged. But, the Indecent Exposure statute states that anyone who “knowingly exposes his or her genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm…with the intent to arouse or satisfy the sexual desire of any person.”

What Would the Couple be Charged with in Colorado?

It is debatable what the couple performing the sex act during the concert would be charged with if it had occurred in Boulder, Baca, or Pitkin County. Both crimes could fit the situation. However, we know how the police and District Attorney think. They almost always overcharge people with crimes, especially sex offenses. Obviously, this couple would have exposed their genitals while engaging in the sex act, and it did cause “affront or alarm,” and they most likely did so with the intent to arouse or satisfy their own sexual desire. So, it wouldn't be a stretch to charge the couple with Indecent Exposure.

Why You Need an Experienced Sex Crimes Defense Attorney

Indecent Exposure is a sex offense – it is vital you work with an attorney to avoid a conviction.

If you or a loved one has been charged with Indecent Exposure or Public Indecency, it is critical that you contact one of our expert criminal defense lawyers immediately. While Public Indecency is a serious crime, Indecent Exposure is a sex offense requiring registration as well as sex offender treatment. Both these consequences are harsh and restrictive. Don't risk your future by appearing alone in the courtroom. You need an advocate fighting on your behalf to make sure the DA isn't overcharging you. We work hard to get our client's cases dismissed, or work out favorable plea agreements.

If you or a loved one has been charged with a sex offense, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.