While indecent exposure might not be the most serious sex offense, it can still attract life-long consequences. An innocent act like urinating in public could be punished harshly if the person’s intention was for other people to see his genitals. But if they didn’t have such intentions, the act could be treated differently.
Generally, the laws on penalization are applied differently depending on the circumstances. After consultations, a Denver criminal defense attorney can determine the worst possible possibilities of each case. after that, they can advise on fighting for better outcomes in Colorado.
What Actions Attract Indecent Exposure Penalties?
Before getting to the penalties of indecent exposure, it is critical to understand the legal definitions of the offense. You might be penalized if you are found engaging in the following acts:
- Intentionally exposing your genitals to someone else
- Exposure to get or give sexual gratification
- Actual or simulated masturbation in public
- The show could be in nudity, with the genitals somehow covered
- The goal was to upset others
It is worth noting that the environment, location, or setting is a vital element of this offense. Secluded areas might not be considered public enough for indecent exposure. Speak to a Denver indecent exposure lawyer for clarifications.
How Serious are Indecent Exposure Penalties in Denver?
The penalties for indecent exposure in Colorado are more severe than public indecency. Sentencing for this offense depends on whether you are a first-time offender or if you have another conviction f similar nature on your records.
First Offense
Offenders that don’t have any other conviction of similar nature are considered first-time offenders. Being a Class 1 misdemeanor, the penalties are as follows:
- Fines of up to $5,000
- Up to 18 months in jail
Second and Consequent Offenses
If the current incident of indecent exposure isn’t your first, your sentence might be more grievous than a misdemeanor. Repeat offenses are treated as Class 6 felonies, punishable with:
- Sex offender registration
- One year of parole
- 12 to 18 months in prison
- $1,000 to $100,000 in fines
How Can I Avoid Penalties of Indecent Exposure?
Your best bet for avoiding the prolonged jail and prison terms, hefty fines, and sex offender registration, is a good defense. There are several ways to defend oneself, but the best strategy is the one that aligns with the evidence and facts of the case. Here are some options:
You did not intend for the exposure to happen
There was no one around; thus, no one was offended, alarmed, or upset
The victim(s) wrongly identified you as the alleged perpetrator
They are false allegations
There’s a lot to lose in an indecent exposure case. A Denver indecent exposure attorney can fight aggressively to get the best possible outcome. Reduced charges, an acquittal, or dismissal is the end goal of any attorney-client relationship.
How Can I Get Reduced Charges?
Sometimes, getting your charges dropped or an acquittal can prove challenging. The only option left could be to negotiate for reduced charges. Indecent exposure can be reduced to public indecency, a less serious offense.
Being a class 1 petty offense, you could be penalized as follows:
- A fine of up to $500
- Up to 6 months in jail
An attorney has the negotiation skills required to give their clients the best outcome. However, the best outcome for one case might differ from another. It is only after a case review and evaluation that the possibilities are determined.
Can One Avoid Registering as a Sex Offender After Conviction?
A conviction for indecent exposure comes with registering as a sex offender in Colorado. And failure to register is actually an offense that violates probation – it is a class 1 misdemeanor. However, you can legally escape this requirement.
A judge has the mandate to relieve you from the need to have your name in the sexual offense registry. This can happen if:
- You won’t pose a significant risk to the community
- The requirement is unfairly punitive to you
- You committed the offense while you were below eighteen years old
- You have not been charged with any unlawful sexual behavior before
- The offense is a misdemeanor
- You are exempted by the sex offender management board
- The court makes findings that grant you the exemption
What Acts Do Not Constitute Indecent Exposure?
You can possibly be charged with indecent exposure when your actions clearly don’t meet the legal definition of the offense. If the prosecution brings such evidence or testimonies to court, the judge might not hesitate but throw out the case.
However, it would be crucial to have a lawyer highlighting those inefficiencies. You might not be convicted for indecent exposures if you were found:
- Urinating in public
- Indecently exposed due to “clothing malfunctions.”
- Consenting to nude photography
- Acting out a dare from friends
- Sunbathing
- Answering a hotel room door while not properly covered
How Do I Navigate an Indecent Exposure Charge?
The sooner you understand the possibilities of your case, the earlier you will take action towards protecting yourself. It is advisable to get yourself an experienced indecent exposure attorney in Denver, CO, that can explain everything to you and advise you appropriately.
Remember that the laws on indecent exposure can be complicated for a layperson. Even attorneys perfect their expertise over time. So, make sure that you hire lawyers with both knowledge and experience handling these types of cases in Denver.
Attorneys Providing Criminal Defense and Fighting for the Rights of the Accused
There are many alternatives to jail time, but someone needs to fight for them. It might also be impossible to escape from the need to register as a sex offender without a fight. A skilled attorney can represent you in court and at the District Attorney’s office.
Every accused person needs representation from a legal expert with a record of winning similar cases. Residents and visitors of the Denver area should not risk losing their freedom by speaking to Daniel M. Murphy today.
