Let’s look at some common questions people in Fort Collins and Larimer County have asked about Public Indecency and get you some real answers from an expert criminal defense attorney in Colorado.
What is the Public Indecency Law in Colorado? The Most Common Question Asked
The Larimer County, Colorado law definition of Public Indecency – C.R.S. 18-7-301 – is:
(a) An act of sexual intercourse; or
(b) (Deleted by amendment, L. 2010, (HB 10-1334), ch. 359, p. 1707, § 1, effective August 11, 2010.)
(c) A lewd exposure of an intimate part as defined by section 18-3-401 (2) of the body, not including the genitals, done with intent to arouse or to satisfy the sexual desire of any person; or
(d) A lewd fondling or caress of the body of another person; or
(e) A knowing exposure of the person’s genitals to the view of a person under circumstances in which such conduct is likely to cause affront or alarm to the other person.
This crime is similar to Indecent Exposure. The difference is any exposure is not sexual in nature when Public Indecency is charged. Public indecency is a petty offense.
Is Urinating in Public a Crime in Colorado? Is it OK to Pee in My Backyard in Fort Collins?
These are two very different questions because of location. It is illegal to expose your genitals in a public place or in view of the public. So, if you are out bar hopping and stop to pee on a wall in downtown Fort Collins, then yes – you could be charged with Public Indecency for urinating in public. In your backyard, it depends on the visibility to others. If you are in your yard and there is a privacy fence where someone walking on the sidewalk wouldn’t be able to see what you are doing, then you are probably safe. If you have an open backyard and someone is taking their dog for a walk and sees you peeing in your yard, you could have an issue. There would definitely be an argument about whether your genitals were actually in view or whether it was just reported because the person knew what you were doing.
In Loveland and Estes Park, what is the Difference between Obscenity and Public Indecency?
Generally speaking, in Loveland, Fort Collins and Estes Park, obscenity refers to material or a performance that is sexual in nature (like pornography) and would likely be viewed as offensive by the average person. There are two Colorado crimes related to obscenity: Promotion of Obscenity and Promotion of Obscenity to a Minor. Promotion of Obscenity is a class 1 misdemeanor and Promotion of Obscenity to a Minor is a class 6 felony. Public Indecency is a class 1 petty offense and includes an actual act of intercourse or exposure of someone’s private parts in public view.
Is Colorado Public Indecency a Sex Offense?
There used to be a subsection of the Public Indecency law, where if a person had multiple convictions for Public Indecency, they would be required to register as a sex offender. However, that rule has been since been removed and currently, Public Indecency is not a sex offense.
If you or someone you love has been charged with Public Indecency, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. We also practice in Greeley and Weld County. Click HERE to visit our Weld County website. Together, we can protect your future.
Photo by Samson Katt