Did you know a prank could end with your arrest? Teenage pranks such as mooning or flashing someone could result in being charged with Public Indecency in Larimer, Jackson and Boulder County. This crime is a petty offense, but it carries a hidden danger: if a person is convicted of Public Indecency twice, they will be treated the same as a sex offender. Don’t ask me why our legislature has decided that a person who urinates twice in public should be treated the same as a serial rapist. Our justice system is terrified of sex offenders, so many innocent people are treated unjustly. For this reason, if you have been accused of any sex offense, it is wise to contact an experienced criminal defense attorney at our office who can fight to protect your future.
What Behavior Could Result in Being Charged with Public Indecency?
The Public Indecency statute (C.R.S. 18-7-301) states a person will be charged with this offense if they perform any of the following offenses in a “public place or where the conduct may reasonably be expected to be viewed by members of the public:”
- A lewd exposure of an intimate part of the body (excluding the genitals), done with the intent to satisfy or arouse sexual desire; or
- An act of sexual intercourse; or
- A lewd fondling of the body of another person; or
- A knowing exposure of the person’s genitals to the view of a person under circumstances which are likely to cause affront or alarm to another person.
Here are a few examples where a person could be charged with Public Indecency: A high school student decides to streak across the football field, or some college students from Colorado State University decide it would be fun to moon people after a night of drinking in Loveland, or a couple makes out and goes too far in public.
The Hidden Danger of Public Indecency
Accusations of Public Indecency are easy to make, and it might seem easy to accept a plea deal in order to avoid jail time. This is not a good decision. As I mentioned previously, two convictions of Public Indecency result in a misdemeanor sentence and the requirement to register as a sex offender, and go through sex offender treatment. This treatment (overseen by the Sex Offender Management Board) is extremely invasive. The SOMB believes all sex offenders are “incurable” and “dangerous.” We believe their treatment is too harsh – after all, a man caught urinating in public one too many times is not a danger to society. Don’t assume you will only be charged once, and will therefore never be faced with registering as a sex offender. Life is full of twists and turns. Accepting a plea deal to avoid jail time is not in your best interest. Instead, contact one of our experienced sex crime lawyers for a free consultation. We’ll discuss your case and create the best defense for your situation.
If you or a loved one has been contacted by Johnstown, Fort Collins, or Estes Park Police regarding Public Indecency accusations, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 970-658-0007, or submit the “Get Help Now” form. Together, we can protect your future.
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