Earlier this month, a couple was pulled over for a possible DUI. As they were being driven to the county jail to be processed, the deputy driving noticed something going on in the back seat. The couple had decided to have sex on their way to jail. The man was literally caught with his pants down. The deputy pulled over and moved the man to the front seat. Now, instead of just the DUI charge, the couple was charged with disorderly conduct and lewd and lascivious behavior.
Possible DUI to Lewd and Lascivious Behavior: How Does This Translate in Fort Collins?
Colorado law does not have the charge “Lewd and Lascivious Behavior” like other states do. Most likely, if this situation occurred in Estes Park or Loveland, a Public Indecency charge would be applied. What is Public Indecency? The State of Colorado defines Public Indecency as doing any of the following in a public place or within view of the public:
- An act of sexual intercourse
- A lewd exposure of an intimate part, not including the genitals, done with the intent to arouse or satisfy a sexual desire
- A lewd fondling or caress of another person
- 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
Public Indecency: A Sex Offense in Larimer County?
Clearly, this couple was performing an act of sexual intercourse in a public place and within view of the public, so a Public Indecency Summons for misdemeanor or petty offenses or a Criminal Complaint for felonies, would have been issued had this happened in Larimer, Boulder or Grand County. While the first conviction of this crime is not considered a sex offense, a second conviction of Public Indecency is and would require the harsh sex offender treatment and sex offender intensive supervision probation (SOISP).
[pullquote align=”center” textalign=”center” width=”100%”]Your future is at stake when you are charged with Public Indecency.[/pullquote]Why You Need A Lawyer for Your Public Indecency Charges
Your future is at stake when you are charged with Public Indecency. Yet, this type of crime is defensible. At the O’Malley Law Office, we know sometimes good people make mistakes. On other occasions, our clients are falsely accused in Fort Collins. Our experienced attorneys can minimize your consequences and give you back your future.