We've all heard of the alcoholic drink called “Sex on the Beach” – a cocktail of vodka and fruit juices. But, “ sex on the beach ” is sometimes just what it sounds like. According to a recent news report, a couple was engaging in the act on a beach in Florida – in broad daylight and in view of people. In Denver, Douglas, and Adams County, this crime could be charged in two ways – it could be charged as Public Indecency – C.R.S. 148-7-301, or Indecent Exposure – C.R.S. 18-7-302. In this blog, we'll discuss both crimes.

What is Public Indecency in Colorado?

Public Indecency is charged when a person has sex, exposes an intimate part of the body (for the purpose of sexual arousal), fondles or caresses another person, or knowingly exposes genitals (with the purpose of causing alarm), in a public place. In most cases, it is charged as a class 1 petty offense, which is punishable with up to 6 months in the Denver County Jail.

– Why the Couple Could be Charged with Public Indecency

The definition of Public Indecency includes the act of sexual intercourse in a public place, so it is possible the couple would be charged with this crime if the act occurred in Colorado. Fortunately, this is not classified as a sex offense if committed for the first time.

What is Indecent Exposure in Colorado?

Indecent Exposure is charged when a person knowingly exposes their genitals to another person with the intent to cause alarm and satisfy sexual desire, or masturbates in a public place. It is usually a class 1 misdemeanor, which is punishable with up to 18 months in the Adams County Jail. It is a sex offense, however, which means the defendant would be required to go through sex offender treatment and register as a sex offender.

– Why the Couple Could be Charged with Indecent Exposure

While the definition of Indecent Exposure doesn't explicitly mention sex in a public place, it does mention the exposure of genitals in order to arouse the sexual desire of any person. We can assume the “ sex on the beach ” incident was done in order arouse sexual desire – the couple knew people were watching, and even took a break and then continued.

[pullquote align=”center” textalign=”center” width=”100%”]The couple could be charged with 2 possible crimes – but one is a sex offense. It's important to have a lawyer fight on your behalf so you get the best possible outcome.[/pullquote]

“ Sex on the Beach ” Couple: Why They Need a Lawyer

In Colorado, the couple could be charged with either of these two offenses. Most likely, they would be charged with the more serious offense – Indecent Exposure. A conviction of this crime would mean a longer jail sentence for both, sex offender registration, and sex offender treatment overseen by the harsh Sex Offender Management Board (SOMB). District Attorneys usually overcharge crimes, hoping to scare people into pleading guilty. Instead of trying to “make the charges go away,”  it is much wiser to contact one of the best sex crimes defense attorneys to defend you. The excellent criminal lawyers at our office have a thorough understanding of criminal law and sexual crimes specifically. When we begin work on your case, we fight to win.

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

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