Legal Question in Criminal Law in Colorado

Indecent Exposure - Burden of Proof

My son, 22, was charged in Muni Court for indecent exposure. He was passed out (alcohol) in a friend's yard and when the police awoke him they told him he had been revealing himself (though his pants were around his waist when they were waking him.) He was not charged with any alcohol offense though he spent the night in detox. What can he expect? What kind of burden of proof is required to make this stick?


Asked on 5/06/08, 2:17 pm

2 Answers from Attorneys
Philip Rosmarin Rosmarin Law Firm

Re: Indecent Exposure - Burden of Proof

If convicted of indecent exposure, your son would face jail, and may have to register as a sex offender. For the state to do that, it must prove beyond a reasonable doubt that he exposed his genitals to someone in a way likely to offend or alarm them, and that he knew he was doing that.

He should hire an attorney or, if he is indigent, should apply for a public defender.

Good luck.

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Answered on 5/06/08, 3:53 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Indecent Exposure - Burden of Proof

CAUTION! Because this is a muni case, it may not be treated as a big deal, but it is. He may become a registered sex offender. Then, it gets worse. If he goes to college or moves to different cities, and is one hour late to register with the local cops, he will be accused of failure to register as a sex offender. If he ever has kids, he will need to move out of their house. A registered sex offender cannot live near children, even his own.

BE careful. Get him an attorney. Then, still be careful.

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Answered on 5/06/08, 4:55 pm


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