Charges involving alleged sexual conduct in public can be confusing and the consequences can be serious. In Larimer County, prosecutors distinguish between Public Indecency and Indecent Exposure, two offenses that sound similar but are treated very differently under Colorado law.
If you are facing allegations in Fort Collins, Loveland, Estes Park, Wellington, Berthoud, or elsewhere in Larimer County, understanding the difference between these charges is critical to protecting your rights and your future.
What Is Public Indecency in Colorado? A Fort Collins Defense Attorney Explains
Public Indecency generally involves engaging in sexual acts or lewd behavior in a public place, or in a place where others may reasonably observe the conduct.
Public Indecency typically includes allegations such as:
- Sexual contact in a public location
- Sexual acts where the conduct is likely to be seen by others
- Lewd behavior in public settings
Public Indecency is usually charged as a petty offense or, in some cases, a misdemeanor, depending on the circumstances. While it is less serious than Indecent Exposure, it can still result in fines, court appearances, and a criminal record.
What Is Indecent Exposure in Colorado?
Indecent Exposure is a more serious offense. It involves an act of masturbation in view of another or knowingly exposing one’s genitals to another person, typically with the intent to arouse or satisfy sexual desire, and under circumstances where the conduct is likely to cause alarm or offense.
Indecent Exposure is usually charged as a misdemeanor, but the penalties can escalate, especially if there are prior convictions or if the alleged exposure involved certain aggravating factors.
One of the most serious consequences of an Indecent Exposure conviction is the potential requirement to register as a sex offender, which can have long-lasting effects on employment, housing, and personal relationships.
Key Differences Between Public Indecency and Indecent Exposure in Larimer County
The primary distinctions between these two charges involve intent, conduct, and consequences:
|
Public Indecency |
Indecent Exposure |
| Involves sexual acts or lewd behavior | Involves exposing genitals or masturbation |
| Often a petty offense | Typically a misdemeanor |
| Does not usually require intent to arouse | Requires sexual intent |
| No sex offender registration | May require registration |
Because Indecent Exposure carries harsher penalties, prosecutors in Larimer County may pursue this charge when they believe the facts support sexual intent and exposure.
Why These Charges Matter in Larimer County
Both Public Indecency and Indecent Exposure can affect your reputation and future, but Indecent Exposure carries especially serious collateral consequences.
In Fort Collins and throughout Larimer County, law enforcement takes public decency complaints seriously, particularly when they involve public spaces, parks, trails, or areas near schools or residential neighborhoods.
Even when the alleged conduct was accidental, misunderstood, or exaggerated, charges may still be filed.
If you are facing Public Indecency or Indecent Exposure charges in Larimer County, the stakes are high, particularly if Indecent Exposure is alleged. An experienced Larimer County criminal defense attorney can help protect your rights, challenge the evidence, and work to minimize the long-term impact on your life. Call the O’Malley Law Office at 970-658-0007 for a consultation today.
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