We are at a crossroad in Colorado, where our state representatives and senators have criminalized everything sexual. Public displays of affection are even at risk. Public Indecency in Douglas and Arapahoe County is at the bottom of the ladder in terms of sex offenses, but it is present. While we are glad a first-time offense for this crime is not recognized as a sexual offense which requires registration and sex offender treatment, beware that a second conviction will.
Essentials of Public Indecency
Let’s take a look at the fundamentals of this charge, so you are not caught off guard. Public indecency involves any one of the following, if capable of being viewed by the public:
- An act of sexual intercourse
- A lewd exposure of an intimate part – not including genitals
- A lewd caress or fondling of the body of another
- A knowing exposure of the person’s genitals to the view of another when likely to cause affront or alarm
This crime is generally a class 1 Petty offense, but will be treated as a class 1 Misdemeanor if it involves genital exposure for a second time.
Common Examples We Encounter
So, with this definition of Public Indecency laid out, be careful not to have sexual contact in a public place or with windows open or where you and your partner can be seen. Be sure to keep masturbation private. Be very careful not to caress or fondle another in public or where you can be seen (a/k/a public display of affection – which could include a pat on the butt).
We often see charges for Public Indecency in Jefferson and Adams County when people have been drinking or using drugs and enter a state of undress. No one is trying to get sexual, they just have their inhibitions reduced and are acting crazy. Fortunately, some police officers can differentiate between this conduct and the conduct of Indecent Exposure.
If you are charged with this crime, be careful not to answer questions posed by police. They are not trying to assist you, but to gather evidence for a trial against you. Then, call our experienced Public Indecency lawyers at 303-731-0719. Together, we can protect your future.