CRS § 18-7-301 makes it a Colorado petty offense to commit public indecency. This includes exposing your genitals or your intimate body parts in public. The law also prohibits having sex or lewdly fondling someone in public.
As a petty offense, a public indecency conviction carries up to 10 days in jail and/or up to $300 in fines. Examples of public indecency include:
- Having intercourse while at a park.
- Urinating on a telephone pole.
- Flashing your breasts on the street because you get a sexual thrill from it.
- Touching your date’s crotch in a movie theater.
In this article, our Denver Colorado criminal defense attorneys address the following topics re. public indecency laws:
1. Elements
For you to be convicted of public indecency under CRS 18-7-301, Colorado prosecutors must prove beyond a reasonable doubt that you committed either of the following four acts in public or where you should reasonably expect the public could see you:
- Having sexual intercourse,
- Exposing your intimate body parts (your breast, buttocks, anus, or pubic area, but not your genitals) in order to arouse or satisfy the sexual desire of you or someone else,
- Knowingly exposing your genitals in a way that will likely cause affront or alarm even if you had no intent to scare or offend anyone, and
- Lewdly fondling or caressing someone in an overtly sexual, offensive, and lustful manner. This does not include hugging, kissing, holding hands, or breastfeeding an infant.1
Public indecency is a less serious crime than indecent exposure, which is knowingly exposing your genitals with the intent to arouse the sexual desires of any person. You can be convicted of public indecency for exposing your genitals even if you had no sexual intent.
2. Defenses
Here at Colorado Legal Defense Group, we have represented literally thousands of people accused of sex offenses such as public indecency. In our experience, the following five defenses have proven very effective with prosecutors and judges at getting these charges dismissed.
- You were falsely accused.
- The exposure was an accident and unintentional.
- You are a victim of mistaken identity (which is common when the actual perpetrator wore a mask).
- There was no exposure of your intimate parts or genitals, and the police were mistaken.
- Your genital exposure was not likely to cause affront or alarm.
A violation of this law can result in a fine and/or jail time
3. Penalties
Public indecency is a petty offense in Colorado. Under CRS 18-7-301, a conviction can carry up to:
- 10 days in jail and
- $300 in fines.2
Do I have to register as a sex offender?
No. Prior to March 1, 2022, sex offender registration was required in Colorado when you were convicted of either:
- public indecency by exposing your genitals for the second time in five years or
- a third or subsequent offense of public indecency by exposing your genitals.
However, due to a change in law, sex offender registration is no longer required.3 If you are currently on the registry for public indecency, contact an attorney about applying to get off the registry.
Does a conviction affect my immigration status?
A conviction for public indecency can be deportable, especially if it is not your first offense. Even if you plead guilty to avoid jail or to use a diversion program, it can constitute a “conviction” under federal immigration law.
Can I seal my record?
Petty offense convictions can be sealed one year after your case ends. If your case gets dismissed, you can petition for a seal right away.4
Learn how to seal Colorado criminal records.
4. Related Offenses
- Disorderly conduct (CRS 18-9-106)
- Indecent exposure (CRS 18-7-302)
- Unlawful sexual contact (CRS 18-3-404)
Legal References:
- C.R.S. § 18-7-301.
(1) Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency:
(a) An act of sexual intercourse; or
(b) (Deleted by amendment, L. 2010, (HB 10-1334), ch. 1707, p. 1707, § 1, effective August 11, 2010.)
(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.
(2) Public indecency is a petty offense.
(3) (Deleted by amendment, L. 2010, (HB 10-1334), ch. 1707, p. 1707, § 1, effective August 11, 2010.)C.R.S. § 18-3-401(2). People v. Graves, 368 P.3d 317 (Colo. 2016). C.R.S. § 25-6-302. People v. Randall, 711 P.2d 689 (Colo. 1985) (interpreting “affront and alarm” under Colorado’s indecent exposure law). C.R.S. § 18-1-901(3)(n). People v. Naranjo, 405 P.3d 279 (Colo. App. 2015) (reversed on other grounds) (defining “public place” under C.R.S. § 18-1-901(3)(n) in the context of disorderly conduct with a deadly weapon). People v. Hoskay, 87 P.3d 194 (Colo. App. 2003) (the issue “depends not on what a particular defendant actually knew, but on what a reasonable person in the defendant’s position should have known”). - C.R.S. § 18-7-301(2). Prior to March 1, 2022, public indecency was a class 1 petty offense, carrying up to 6 months in jail and/or $500 in fines. SB21-271.
- SB21-271.
- C.R.S. § 24-72-706.