As summer approaches, many people are preparing for swimsuit season by tanning. Many choose tanning beds or a bronzer, but some opt for the old-fashioned way: Tanning in the nude in Adams, Denver, and Jefferson County. This is especially common among people who have lived in Europe (where it is quite common to see nude tanners on the beach and in parks). But, is this practice illegal in Colorado? Let's take a closer look at two crimes which could be charged:

Indecent Exposure

A person will be accused of Indecent Exposure – C.R.S. 18-7-302 if they “knowingly expose” their genitals to the view of any person, when this conduct will likely cause alarm or affront to the other person, with the “intent to arouse or to satisfy the sexual desire of any person.”

[pullquote align=”center” textalign=”center” width=”60%”]Eyewitness accounts are often unreliable in Indecent Exposure cases. [/pullquote]

Let's say someone was charged after tanning nude. In order to convict someone of Indecent Exposure, the prosecutor must prove there was a sexual intent to the tanning. As you can see, the terms: “likely,” “alarm,” and “affront” are vague and objective. Often, Indecent Exposure charges are filed based one an eyewitness account. But, when nudity is involved, these eyewitness accounts aren't always reliable. People are squeamish around nudity, and when they think they see someone's genitals, they don't often take a second look to make sure their eyes aren't deceiving them.

Public Indecency

A person will face accusations of Public Indecency – C.R.S. 18-7-301 if they perform an “act of sexual intercourse,” “lewd exposure of an intimate part of the body” (this doesn't' include the genitals)” with the intent to arouse or satisfy the sexual desire of another person,” fondle another person lewdly, or knowingly expose their genitals to the “view of a person” in a way which is likely to cause affront or alarm to the other person.  It can be difficult to understand the difference between these two offenses. Read our blog post to understand the small but important differences.

Why You Need an Experienced Criminal Attorney if You've Been Charged after Tanning Nude

If you have been arrested after tanning nude in Arapahoe, Douglas, or Larimer County, don't hesitate to contact an experienced criminal defense attorney immediately. Indecent Exposure is a serious offense which requires sex offender registration and treatment, while a first-time conviction of Public Indecency is a petty offense. An experienced criminal defense lawyer will investigate your case thoroughly, and prove that the tanning was not sexual in nature, or the witnesses aren't reliable in what they saw. An experienced criminal defense attorney will be able to get a dismissal, acquittal, or a favorable plea bargain. Avoiding registration as a sex offender is of vital importance for your future.

Request a Free Consultation

If you or a loved one was tanning nude and have been charged with a crime, 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, or submit the “Get Help Now” form. Together, we can protect your future.

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