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Public Indecency Streaking and Peeing, C.R.S. 18-7-301

Perhaps you have seen or heard of someone streaking nude at a sports event. Running naked through a public place might even seem comical at first glance. But streaking is a serious offense in Colorado counties such as Broomfield, Arapahoe, and Douglas County. This "joke" can be punishable as Public Indecency (C.R.S. 18-7-301), and possibly as Indecent Exposure (C.R.S. 18-7-302), based on being naked in public.

Anyone who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public, commits public indecency:

• Sexual intercourse,

• A lewd exposure of an intimate part of the body (being nude, nudity, naked), not including genitals, done with intent to arouse or to satisfy the sexual desire of any person,

• A lewd fondling or caress of the body of another person,

• A knowing exposure of the person's genitals to the view of a person under circumstances in which such conduct is likely to cause affront or alarm to the other person.

Another common example of public indecency is when someone urinates in public. Although not done for sexual gratification, this act could cause alarm or affront to another person who sees them naked. If someone is at an outdoor event or on a highway with no nearby restrooms, they may find it necessary to urinate in public. And, there is always the chance others could see the situation and find it alarming. After a recent Denver Broncos game, I was near the stadium and observed a man a short distance from the pathway relieving himself. With the Broncos now in the playoffs, this scenario is likely to be repeated over and over. With too much beer in their system to make responsible decisions  regarding nudity and the need to go to the bathroom, charges of public indecency are likely.

In Colorado counties like Boulder, Adams, or Jefferson County, public indecency is charged as a class 1 petty offence. However, it will be charged as a class 1 misdemeanor if the violation is committed subsequent to a conviction for a violation of subsection 4 (above) or for a violation of a comparable offense in any other state or in the United States, or for a violation of a comparable municipal ordinance.  Did you know that in Westminster, Colorado, performing "[a]n excretory function, including  . . . expectoration" (spitting) is "public indecency"?

Regardless of the offense class, having this crime on your record can cost you employment. In a job market with many applicants, most employers will bypass an application with a sex based crime.

If you are facing the possibility of a conviction of public indecency based on any degree of nudity or being naked, contact the O'Malley Law Office today at 303-731-0719. Together, we can protect your future.

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