Colorado Sex and Decency Law Expert, Steven Louth
In more recent years, the frequency of public nudity has increased. Sometimes, it is in the name of harmless fun, for instance worldwide naked bike riding events, and sacramental moonings in Orange County, California. Other occurrences may be malicious, such as when those who expose themselves do so for sexual gratification against the will of others.
Boulder’s own Naked Pumpkin Run came under fire some years ago when police threatened to arrest participants, charge them with indecent exposure, and force them to register as sex offenders. But just what constitutes a sex crime in Colorado? And what are the penalties? Read on for brief descriptions of the state’s various sex and decency laws.
Indecent Exposure- A person is guilty of indecent exposure when they wittingly expose their genitals in plain sight of another under circumstances likely to cause affront or alarm to the other individual with the purpose to arouse or to satisfy the sexual desire of any person.
Public Indecency– Any person who commits a public act of sexual intercourse, lewdly exposes themselves with the intent to arouse or to satisfy the sexual desire of any person, or lewdly fondles or caresses the body of another person has perpetrated an act of public indecency.
Lewd and Lascivious Conduct– Any unlawful act committed by an individual with the intent of arousing the sexual interest of themselves or the person toward which the act is directed. This often includes prostitution, pornography, or indecent exposure acts. Lewd conduct that involves another adult could be a misdemeanor or a felony. Lewd conduct involving a minor is a felony offense.
HB10-1334- This is legislation that attempts to separate public indecency from indecent exposure. It differentiates between those individuals suffering a momentary lapse of judgment from sexual perpetrators whose behavior warrants sex offender registry.
For instance, under HB10-1334, public masturbation now falls under the indecent exposure act making it a Class1 misdemeanor. The act of streaking would be classified as a lesser public indecency offense.
Penalties for Sex Offenses
The State of Colorado has structured a system of indeterminate sentencing for individuals convicted of various offenses that are defined as sexual assault or are sexual violations. Meaning that if a person is convicted and sentenced to prison for some sexual offenses, the person could spend up to their natural life incarcerated.
Additionally, Colorado has laws mandating up to lifetime supervision, otherwise known as probation, for persons convicted of various sex offenses and crimes. The alleged sex offender may be required to remain on probation for the rest of his/her natural life. Probation could require sex offender classes, treatment, and sex offender registration.
Contact Our Boulder Sex Crime Lawyers
Those accused of a sex crime should never attempt to defend themselves. Instead, it is imperative that you contact a skilled Boulder criminal defense attorney to present the strongest defense possible for you.
If you have been arrested and charged with a sex crime in Boulder, or anywhere in Colorado, contact the Boulder criminal defense lawyers at Steven Louth Law Offices today for a free consultation and review of your case. Call us at (303) 422-2297 or visit us online to start building a solid defense against these serious criminal charges.