Indecent Exposure and Public Indecency are often confused, but under Colorado law they are two different offenses with very different consequences. If you’re facing either charge in Larimer County, knowing the difference matters.
Fort Collins Public Indecency Attorney: What Is Public Indecency in Colorado?
Under C.R.S. § 18-7-301, Public Indecency involves certain sexual conduct in a public place, or somewhere you could reasonably be seen by others. That includes sexual acts, lewd exposure of the body, and lewd fondling or caressing of another person.
Loveland Indecent Exposure Lawyer: What Is Indecent Exposure in Colorado?
Under C.R.S. § 18-7-302, Indecent Exposure involves knowingly exposing your genitals to another person who is offended or alarmed, with the intent to arouse or satisfy sexual desire. The added intent element is what separates it from Public Indecency.
How Do the Two Charges Compare? Ask a Public Indecency Defense Lawyer
| Public Indecency | Indecent Exposure | |
| Statute | C.R.S. § 18-7-301 | C.R.S. § 18-7-302 |
| Offense level | Petty offense | Class 1 misdemeanor; class 6 felony in some cases |
| Potential penalty | Up to 10 days in jail and a $300 fine | Up to 364 days in jail and a $1,000 fine |
| Sex offender registration | Generally not required | Required upon conviction |
Indecent Exposure can be charged as a class 6 felony in certain circumstances, such as repeat offenses or in view of a child.
Why Does Sex Offender Registration Matter? A Larimer County Defense Attorney Explains
Registration is often the most serious consequence of an Indecent Exposure conviction. Even when a misdemeanor registrant isn’t searchable by the public, registration can affect housing, employment, and where you can live or work. Failing to register is a separate crime.
Frequently Asked Questions and Public Indecency and Indecent Exposure
Is Indecent Exposure a felony in Colorado?
Usually not. It is typically a class 1 misdemeanor but can be a class 6 felony in some cases.
Is Public Indecency the same as Indecent Exposure?
No. They are separate offenses with different elements, penalties, and registration consequences.
Does Indecent Exposure require sex offender registration?
Yes. A conviction requires registration, while Public Indecency generally does not.
If you’ve been charged with Public Indecency or Indecent Exposure, 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 an initial consultation. Together, we can protect your future.
Photo by Andrea Piacquadio