CRS § 18-7-301 is the Colorado law that addresses public indecency. This section makes it a crime to expose your genitals or your intimate body parts in public. It also prohibits having sex in public.
Penalties
Public indecency is treated as a petty offense in Colorado. Convictions carry up to
- 10 days in jail and/or
- up to $300 in fines.
Distinguishing Indecent Exposure
Public indecency is different from indecent exposure. Indecent exposure is the crime of knowingly exposing your genitals to someone else to satisfy sexual desire.
Indecency Defined
The law defines public indecency as doing any of the following in a public place or anywhere it is reasonably expected to be seen:
- An act of sexual intercourse,
- A lewd exposure of an intimate body part, not including the genitals, with intent to arouse or to satisfy someone’s sexual desire,
- Lewdly fondling or caressing someone else, or
- Knowingly exposing your genitals to someone else in a way that is likely to cause affront or alarm.
Examples
- Jack and Mary have sex while on a picnic in the park.
- As a joke, Hank waits for his wife to return home from work. He stands by the mailbox, naked.
Common Defenses
Some of the most common that our lawyers use in these cases include:
- The accusations are false or have an ulterior motive,
- The exposure was an accident or was not intentional,
- It was not you,
- There was no exposure of your intimate parts or genitals, and/or
- The exposure was not likely to cause affront or alarm.
In this article, our Denver Colorado criminal defense attorneys will explain:
- 1. What is public indecency under CRS 18-7-301?
- 2. Defenses to a charge of public indecency in Colorado
- 3. What are the penalties for a conviction for public indecency?
- 4. Crimes that are related to public indecency in Colorado
1. What is public indecency under CRS 18-7-301?
In Colorado, CRS 18-7-301 sets out what it means to commit an act of public indecency. It prohibits the following courses of conduct:
- Sexual intercourse,
- Exposing an intimate body part, other than your genitals, in order to arouse or satisfy a sexual desire,
- Knowingly exposing your genitals in a way that will likely cause affront or alarm, and
- Lewdly fondling or caressing someone.1
What constitutes an “intimate body part”?
Many charges of public indecency in Colorado involve exposing an intimate body part. These include your:
- Breast,
- Butt,
- Anus, and
- Pubic area.2
Under CRS 18-7-301, your intimate body parts are different from your genitals.
Do you have to intend to arouse someone else by exposing yourself?
CRS 18-7-301 only criminalizes the exposure of an intimate body part if it is done for the purpose of arousing or satisfying a sexual desire.
However, it does not matter whose sexual desire is at issue. You can commit public indecency if you expose an intimate body part for your arousal or someone else’s.
Exposing your genitals does not require this intent. Instead, you only have to cause affront or alarm if you expose your genitals.
What does it mean to fondle or caress someone lewdly?
CRS 18-7-301 forbids fondling or caressing someone in a lewd manner.
This kind of contact has to be overtly sexual in order to be considered lewd under CRS 18-7-301. It has to be offensive and lustful.3
Example: At an adult movie theater, Gary rubs someone else’s genitals.4
The following kinds of contact are not considered lewd:
- Holding hands,
- Hugging, or
- Kissing.5
A mother breastfeeding her child in public is also not considered lewd conduct.6
What is affront and alarm?
Public indecency includes exposing your genitals in a way that is likely to cause affront and alarm.
Courts in Colorado have equated this to scaring or offending someone.7 To commit public indecency in Colorado, you do not have to intend to scare or offend. All that matters is that a reasonable person would be scared or offended.
Example: Paul urinates against a telephone pole.
Where can you commit public indecency?
In Colorado, you can commit public indecency in 2 places:
- A public place, or
- Where you may reasonably be expected to be seen by members of the public.8
A public place is anywhere that members of the public can access.9 It includes:
- Highways,
- Transportation facilities,
- Schools,
- Places of amusement,
- Parks,
- Playgrounds, and
- Common areas in both public and private buildings.10
Example: Gil is riding in a car on the highway. He exposes himself to passing vehicles.11
You can also commit public indecency anywhere you can reasonably be expected to be seen. If a reasonable person would have known they could be seen in a certain spot, you can be liable for public indecency if you expose yourself, there.12
Example: Stanton is in his room at a detoxification facility. His room has a window in it so counselors can check on him. He exposes himself, not knowing that a counselor is looking through the window.13
Do you have to know you are in a public place to commit public indecency?
You do not have to be aware that you are in a public place to commit public indecency. All that matters is that you should have known that someone else could see you.
CRS 18-7-301 prohibits public indecency in public places or where you could reasonably be expected to be seen. This means the prosecutor does not have to prove that you knew you could be seen. It only means that a reasonable person would realize that they could be seen at the time.14
2. Defenses to a charge of public indecency in Colorado
People who have been accused of public indecency have legal defenses at their disposal. The specific facts of the case will determine which defenses will be the most effective.
Some of the most common legal defenses to a charge under CRS 18-7-301 include:
- The accusations that led to the charge are false,
- The exposure was not intentional,
- You were not the one who exposed themselves,
- There was no exposure of your intimate parts or genitals, and
- The exposure was not likely to cause affront or alarm.
False accusations
You can defend against a charge of public indecency by showing the accusations against you are false.
Some people accuse other people of crimes out of revenge or to manipulate them. Charges of public indecency are no exception. When someone accuses you of exposing yourself, you can show that the accusation is false by pointing out that they have an ulterior motive for making the allegation.
The exposure was not intentional
Some allegations under CRS 18-7-301 require prosecutors to prove that your conduct was knowingly done. If you can prove that you exposed yourself by accident, it can be a strong defense.
Mistaken identity
Prosecutors have to prove, beyond a reasonable doubt, that you were the one who committed public indecency. Proof that you were somewhere else can be a strong defense. Evidence that someone else was the one who committed public indecency can also defend against a charge.
There was no exposure
You can also defend against a charge of public indecency by showing you did not expose your intimate body parts or genitals. This proof eliminates an element of the crime. If prosecutors cannot prove that you exposed yourself, you cannot be held liable for public indecency.
The exposure was unlikely to cause affront or alarm
Exposing your genitals has to cause affront or alarm for you to be liable for public indecency. It is up to the prosecutor to prove that it would. Challenging their evidence that it would cause affront or alarm can be an effective defense.
A violation of this law can result in a fine and/or jail time
3. What are the penalties for a conviction for public indecency?
Public indecency is a petty offense.15 A conviction can carry up to:
- 10 days in jail, and
- $300 in fines.16
Do you have to register as a sex offender?
Prior to March 1, 2022, sex offender registration was required when either:
- the defendant was convicted for public indecency by exposing his/her genitals for the second time in 5 years, or
- the defendant was convicted for a third or subsequent offense of public indecency by exposing his/her genitals.17
However, due to a change in law, sex offender registration is no longer required for people convicted on or after March 1, 2022.18 Defendants currently on the registry for public indecency should contact an attorney about applying to get off the registry.
Does a conviction come with consequences for your immigration status?
A conviction for public indecency under CRS 18-7-301 can impact your immigration status if you are not a U.S. citizen. This is especially true if it is not your first conviction for public indecency.
A criminal conviction can lead to deportation. Even if you plead guilty to avoid jail or to use a diversion program, it can constitute a “conviction” under federal immigration law.
Can you seal your record after a public indecency conviction?
Petty offense convictions can be sealed one year after the case ends. And if the case gets dismissed, defendants can petition for a seal right away. Learn how to seal Colorado criminal records.19
4. Crimes that are related to public indecency in Colorado
Some offenses in Colorado are related to public indecency. Other charges are often filed alongside an accusation of public indecency.
Indecent exposure (CRS 18-7-302)
Indecent exposure (CRS 18-7-302) is the crime of knowingly exposing your genitals for the purpose of sexual arousal or satisfaction. It is a slightly more severe offense than public indecency because it requires the exposure of someone’s genitals. Exposing your intimate body parts is not enough to constitute indecent exposure.
Indecent exposure is usually a class 1 misdemeanor in Colorado. A conviction can carry up to 364 days in jail and/or a $1,000 fine. A conviction for indecent exposure will also force you to register as a sex offender.
Sexual contact (CRS 18-3-404)
Public indecency charges can be filed along with charges for sexual contact (CRS 18-3-404).
Sexual contact is the crime of touching someone else’s intimate body parts without consent. Charges for sexual contact can be filed with public indecency charges if you lewdly caress or fondle someone in public.
Sexual contact is a Class 1 misdemeanor. Penalties for a conviction of sexual contact are as high as:
- 364 days in jail, and
- $1,000 in fines.
Disorderly conduct (CRS 18-9-106)
Disorderly conduct (CRS 18-9-106) is the crime of breaching the peace in Colorado. It is a “catch-all” offense that can be used to criminalize a lot of vague things. Prosecutors often file charges of disorderly conduct alongside charges of public indecency.
Legal References:
- C.R.S. § 18-7-301(1). The language of the code section reads as follows:(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. 359, 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) (a) Except as otherwise provided in paragraph (b) of this subsection (2), public indecency is a class 1 petty offense.
(b) Public indecency as described in paragraph (e) of subsection (1) of this section is a class 1 misdemeanor if the violation is committed subsequent to a conviction for a violation of paragraph (e) of subsection (1) of this section or for a violation of a comparable offense in any other state or in the United States, or for a violation of a comparable municipal ordinance.
(3) (Deleted by amendment, L. 2010, (HB 10-1334), ch. 359, p. 1707, § 1, effective August 11, 2010.)
- C.R.S. § 18-3-401(2).
- People v. Graves, 368 P.3d 317 (Colo. 2016).
- People v. Graves, Supra.
- People v. Graves, Supra.
- People v. Graves, Supra, and 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. § 18-7-301(1).
- C.R.S. § 18-1-901(3)(n).
- 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”).
- People v. Hoskay, Supra.
- People v. Hoskay, Supra.
- C.R.S. § 18-7-301(2).
- 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.
- C.R.S. § 16-22-102(9)(z).
- SB21-271.
- C.R.S. § 24-72-706.