Indecent Exposure in an Adult Theater

[Firstone]

My question involves criminal law for the state of: CO
CO statue reads as follows :18-7-302...Exposing your genitals in view of others with the intent to arouse, satisfy the sexual desire of a person with circumstances likely to cause affront or alarm.

The accusation and circumstance took place in an adult movie theatre. are you likely to cause affront and alarm?

[Mr. Knowitall]

That's not going to get you off, no pun intended.

[PandorasBox]

How do I put this very nicely?

If you want to watch porn and masturbate....all I can say is rent a movie, go home, have at it. Go to a store and buy a toy.

In a public place, even adult oriented....whipping it out is not legal. And yes, you are going to cause affront and alarm.

[Firstone]

I was not masturbating nor was that on the report. The officer questioned me a couple times if was exposing myself. If no one was in the view of me, how can that be the case?

[jk]

unless the place you are is a nude bar, a nude resort, or any business where the attendees are typically nude for some reason, yes, it is likely to cause affront or alarm if one were to expose themselves. Beyond that, even in a place where nudity is typical and expected, one can still act, concerning their nudity, in a way that can cause affront or alarm.

well, you might want to also review the entire statute:

18-7-302. Indecent exposure



(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.

[Firstone]

Thank you, i have read these, I don't think I had any of these intents as this clearly stats, especially to a police officer.

[jk]

I was not masturbating nor was that on the report. The officer questioned me a couple times if was exposing myself. If no one was in the view of me, how can that be the case?

did you read the definition of masturbation?

If you were not masturbating, then it will likely be determined you did intend on acting to get a reaction from some other person.

It is very difficult to argue you were not doing one without admitting you were doing the other.


and if nobody saw you, why were the police called?

[Mr. Knowitall]

Well, you're free to argue that to the court. Yours is not a unique situation and I've never heard of a case in which that defense worked, but it's your right to try.

[flyingron]

Not in this playhouse, peewee.

[Firstone]

YEs I have read this several times. I was not touching myself in any manner.