Public Indecency in Douglas and Adams County, is a crime that covers many different acts. The common thread to all of the allegations is that sexual conduct was performed in public. “In public” means it is reasonable to expect that a member of the public would see the act taking place. Many people are charged with this crime while only a few are actually guilty. Why? Because the elements of the crime are very difficult to prove and are left open to wide interpretation.
What Acts are Prohibited by the Law of Public Indecency?
As I mentioned above, the first thing which has to be established in Denver County is whether the act took place in public or where there was a reasonable likelihood that people could see what was done. Some of the specific acts which are outlawed include:
- Having sex,
- Displaying an intimate body part for sexual gratification,
- A lewd fondling of another person (this does not have to mean you are touching the private parts of another, but could be touching of any part), or,
- Displaying your own genitals.
I have had cases where this charge was filed against my clients for walking naked around there own house. They were not charged with Indecent Exposure. This is an example of how the district attorneys in Arapahoe, Jefferson, and Broomfield County abuse this law.
What is the Punishment for Public Indecency Across Colorado?
The good news, is that a first time conviction for this crime is only a petty offense. In Elbert and Clear Creek County, a felony is the most serious charge, a misdemeanor is second, and a petty offense is the lowest class of crime. A person convicted of having sex in public would be facing a maximum punishment of up to 6 months in jail and up to a $500.00 fine. While a shorter jail sentence than many, this is still a devastating punishment for a person who has a good job. Try asking your boss to hold your job for you while you serve 6 months in jail.
Because the crime of Public Indecency is often overcharged and can negatively affect your future, when you go to court you should have the best criminal defense attorney at your side. Bring a loyal friend with you who knows how to fight and defend these charges. You reputation and livelihood are at stake. So, if you or a loved one has been charged with Public Indecency, be smart, exercise your right to remain silent, and call us for a free consultation at 303-731-0719. Together, we can protect your future.