Denver Public Indecency
Public Indecency, C.R.S. 18-7-301, commonly arises when lovers are intimate in a public place, or where someone exposes their genitals in such a way as to cause affront or alarm to another person. In Denver, Adams and Weld County, there is a close cousin to Public Indecency called Indecent Exposure, C.R.S.18-7-302, which results when a person exposes their genitals in order to arouse themselves.
Elements Of Public Indecency:
A person commits Public Indecency when they are: 1) lewdly exposing an intimate part of the body (other than genitals) with intent to arouse or satisfy sexual desire, 2) engaging in an act of sexual intercourse in public view, 3) doing a lewd fondling or caress of the body of another, 4) making a knowing exposure of one’s genitals to the view of another was likely to cause affront or alarm. There is no definition of “lewd” in this statute, so we must guess its meaning – which is never a safe thing.
The greatest difference between Public Indecency and other sex offenses is that Public Indecency is not classified as a sexual offense in Arapahoe, Douglas and Jefferson County. This distinction is very important because a person convicted of Public Indecency will not be labeled a sex offender unless it is their second or later conviction for exposing their genitals (subsection 4 above). Public Indecency has some fine line distinctions which separate it from Indecent Exposure, and it is always best to speak with an experienced attorney to understand these important points.
This Crime Can be Charged As Petty Offense Or Misdemeanor
This crime is normally charged as a petty offense but can become a class one misdemeanor (and a sex offense) if it is a second or more violation of subsection 4 above. For this reason, it is essential that anyone charged with their first Public Indecency charge zealously defend those allegations. If a later charge comes into play, you will become a sex offender based on the prior offense.
This crime often arises when someone is urinating in public. Since there is no intent for self-gratification, it is not charged as Indecent Exposure. An inexperienced Deputy District Attorney, however, might still charge your circumstances as a sex offense. So, be smart, exercise your right to remain silent, and call the experienced sex crimes attorneys at O'Malley and Sawyer, LLC, at 303-731-0719. Together, we can protect your future.