Recently, a TV reporter was arrested for defecating on a front lawn while on location to shoot a news report. According the report, neighbors called the police to report that the news anchor had picked up papers from the street and then leaned against the wall of a house to relieve himself. The news reporter was contacted after the report was made, and admitted to using the yard as a toilet because he was feeling sick and didn’t have another place to go. I guess when you gotta go, you gotta go! Had this occurred in Fort Collins, Loveland, or Estes Park, the man may have been charged with Criminal Mischief, Littering or even Public Indecency.
Larimer County Criminal Mischief Lawyer: What is the Definition of Criminal Mischief?
The Colorado law definition of Criminal Mischief – C.R.S. 18-4-501 – is:
Basically, Criminal Mischief is charged when there is property damage. Based on the facts provided in the case above, the man’s action could have caused some damage to the house and lawn, not to mention the cleanup costs that are probably involved. In Larimer, Grand, and Boulder County, the level felony or misdemeanor Criminal Mischief is charged at is based on the amount of damage caused:
| Class of Crime | Aggregate Damage of Property Harmed |
| Class 3 Misdemeanor Criminal Mischief | Less than $300 |
| Class 2 Misdemeanor Criminal Mischief | $300 to $749 |
| Class 1 Misdemeanor Criminal Mischief | $750 to $999 |
| Class 6 Felony Criminal Mischief | $1,000 to $4,999 |
| Class 5 Felony Criminal Mischief | $5,000 to $19,999 |
| Class 4 Felony Criminal Mischief | $20,000 to $99,999 |
| Class 3 Felony Criminal Mischief | $100,000 to $999,999 |
| Class 2 Felony Criminal Mischief | $1,000,000 or more |
[pullquote align=”center” textalign=”center” width=”100%”]Have you been charged with Public Indecency or Criminal Mischief? Contact the experienced attorneys from the O’Malley Law Office to defend you today![/pullquote]
Fort Collins Public Indecency Attorney: What is the Definition of Public Indecency?
The 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.
With the story above, if while the man was defecating, he exposed his genitals he could be facing a Public Indecency charge based on part (e). As a class 1 petty offense, this crime is punishable by up to 6 months in the Larimer County Jail and a $500 fine. Guess the moral of this story is: find a toilet.