Public Indecency (C.R.S. 18-7-301) is considered a minor offense, but it can be a major problem if you are charged in Aurora, Littleton, or Parker Colorado. These municipalities all have laws prohibiting Public Indecency. Even if a person is not charged in city court, this Colorado statute makes it possible to be charged with this petty offense anywhere in the state.
A Practical Example
I recently received a call from a man on blood pressure medication which made him have to urinate frequently. He realized too late he was far from a public rest room when he had to relieve himself. So he ducked into an alley and unfortunately a Denver police officer happened to pull her car into the alley just as he started to go. The policewoman decided my caller committed Public Indecency. The process of going to court and defending this charge is embarrassing. A second offense becomes a sex crime, requiring registration and treatment.
Conduct Which Can be Charged as Public Indecency
One of the several ways a person can be charged with Public Indecency is found in subsection (e) of the statute. In summary it says a person commits Public Indecency when they knowingly expose their genitals to the view of a person where it is likely to cause alarm to the other person. It only needs to be a situation where this “alarm” is likely to happen. This kind of language is specifically designed to leave the subjectivity of what occurs to a judge or a jury.
There are other ways a person can be charged with Indecency in Jefferson, Adams, or Arapahoe County. Having high risk sex in a public place may seem like fun with your partner, but if someone sees you and is offended, be prepared to explain it to a judge. Another way is to “moon” someone. Need I say more? Yes, this childish prank can lead to a conviction of Public Indecency in Weld or Douglas County because it fits the description of subsection(c) of this statute, which makes it unlawful to expose an intimate part of the body.
If you are charged with Public Indecency you do not have to fight it alone. Our attorneys will listen to your side of what happened. We know that good people are often falsely accused. In some cases, people make bad decisions that require an understanding lawyer who can help them maneuver through the legal process. If you are charged with any crime, I urge you to be smart, exercise your right to remain silent, and call us at 303-731-0719. Together we can protect your future.