Public Indecency is charged in Larimer County and Fort Collins when a person exposes an intimate part with the intent to arouse a sexual desire. A step mom was recently charged with a similar crime after her step-children saw her exposed breasts. According to the report, the woman and her husband were working in the garage and both took off their shirts to prevent them from getting dusty. The man’s children walked in and saw their topless step-mom. The incident was reported and the step-mom was charged.
Public Indecency Charges in Larimer County: Definition of Public Indecency
The Larimer County, Colorado law definition of Public Indecency – C.R.S. 18-7-301 – is:
(a) An act of sexual intercourse; or
(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.
For this crime, “intimate parts” means the external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person.
Issues with Step-Mom Exposure Case in Loveland and Estes Park
There are multiple issues with this case. First, is the constitutional right to equal protection. The fact is, the definition of intimate parts includes the breast of any person. The fact that only the step-mom was charged when the father was exposed in the same way shows a bias based on sex. The second issue is intent. The step-mom did not have any sexual intent when her step children saw her breasts. Luckily, in Fort Collins, the Free the Nipple Movement means that it is no longer a crime for a woman to expose her breasts. However, that does not mean that it applies in every city, and also could still result in criminal charges in state court.
If you or someone you love has been charged with Public Indecency in Fort Collins or Larimer County, contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free consultation. Together, we can protect your future.
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