Indecent exposure

Under Colorado law, you can be charged with indecent exposure for any act of a sexual nature that is likely to cause alarm or offense to others. These charges often arise from situations that may seem minor, misunderstood, or even unfair—yet they carry serious legal consequences.

At McClintock Criminal Defense, P.C., we defend clients facing indecent exposure charges under a wide variety of circumstances, including:

• Public masturbation

• Flashing

• Teenagers caught having sex in a car

• Urinating in public

• “Mooning” someone

We’ve handled cases that highlight just how broad—and sometimes unreasonable—these laws can be. In one matter, our client was charged after neighbors secretly videotaped him masturbating in the privacy of his own home, simply because he forgot to close the curtains. Instead of questioning the neighbors’ disturbing invasion of privacy, the police arrested our client. We argued the real offense was their unlawful voyeurism.

We’ve also successfully defended clients charged after incidents in adult theaters, proving that in such environments, no reasonable person would experience shock or alarm—resulting in full dismissals.

The Stakes Are Higher Than You Might Think

Indecent exposure is not just a minor embarrassment. With two prior offenses, it becomes a class 6 felony, dramatically escalating the penalties and potentially branding you with a permanent criminal record.

Don’t Plead Guilty—Protect Your Future

If you’re facing indecent exposure charges, don’t assume the situation will resolve on its own or simply hope for the best. You need an experienced sex crimes defense attorney who knows how to challenge these cases effectively and protect your reputation and freedom.

Call McClintock Criminal Defense, P.C. today for a free, confidential consultation. We’re here to give you the strong, skilled defense you deserve.

Indecent Exposure In Colorado   C.R.S. §  18-7-302

(1) A person commits indecent exposure:

(a) If he or she 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 to the other person with the intent to arouse or to satisfy the sexual desire of any person;

(b) If he or she knowingly performs an act of masturbation in a manner which exposes the act to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person.

(2) (a) (Deleted by amendment, L. 2003, p. 1435, § 31, effective July 1, 2003.)

(b) Indecent exposure is a class 1 misdemeanor.

(3) (Deleted by amendment, L. 2002, p. 1587, § 21, effective July 1, 2002.)

(4) Indecent exposure is a class 6 felony if the violation is committed subsequent to two prior convictions of a violation of this section or of a violation of a comparable offense in any other state or in the United States, or of a violation of a comparable municipal ordinance.

(5) For purposes of this section, “masturbation” means the real or simulated touching, rubbing, or otherwise stimulating of a person’s own genitals or pubic area for the purpose of sexual gratification or arousal of the person, regardless of whether the genitals or pubic area is exposed or covered.

Colorado Indecent Exposure Defense Attorney Ted McClintock comments:  Also please note that in 2010, this statute was amended so that you can now be convicted of this charge even if you do not actually expose yourself. If someone believes you are “touching” yourself in public (even if you are not exposed) you can be charged and convicted. This charge also carries with it a 10 year period after your sentence is complete before you can try to remove yourself from the Sex Offender Registry.