Public Indecency in Fort Collins and Larimer County often involves public nudity, which usually begs the question, “Is it a sex offense?” Let’s take a closer look at the elements of this crime and find out whether a Public Indecency requires a person to register as a sex offender.
Lawyer for Public Indecency Charges in Loveland: Colorado Law Definition
The Loveland, 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.
Even if something like having intercourse or fondling another happens in a private car, if the vehicle is in view of the public, then a Public Indecency charge could be filed.
Colorado Sex Crimes Charges: Intimate Parts Defined
An important definition in this statute is intimate parts. ‘Intimate parts’ is defined by Colorado law as:
Obviously, excluding the genitals per statute, intimate parts under subsection (c) includes the butt or boobs. Basically, flashing or mooning someone could result in a charge under this subsection.
Sentence for Public Indecency in Larimer County, Colorado
Public indecency is a petty offense. This level offense is punishable by up to 10 days in the Larimer County Jail.
Is Public Indecency a Sex Offense in Colorado?
The short answer – not anymore! Previously if a person had two Public Indecency offenses within 5 years or had three or more Public Indecency convictions, then the person would be required to register as a sex offender. The statute previously read:
The statute no longer has a subsection (2)(b), so that requirement has been removed. Because it did previously exist, there may be people still currently registering as a sex offender for this crime, even though it is no longer a part of the law.