Public Indecency

Have You Been Charged With Public Indecency?

In Colorado any number of acts which may seem victimless can be classified and charged as public indecency. These charges can be very serious and can even be committed without your intent.

What is Public Indecency

Public indecency is when a person, in a public place in view of others, has sexual intercourse, exposes body parts in a lewd manner, lewdly fondles or caresses another person, or knowingly exposes body parts to another person in a way likely to alarm or offend the other person. Public indecency is similar to indecent exposure. Indecent exposure is when a person knowingly exposes body parts in view of another person in a way that is likely to alarm or offend the other person with the intent to arouse anyone.

Public indecency and indecent exposure are often charged in instances where the accused had no intent of offending another person. For example, public indecency and indecent exposure can be charged in instances of public urination, making out and fondling in public, or smacking a friend’s backside.

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Penalties

Public indecency is charged as a class 1 petty offense, meaning there is no minimum jail time with a maximum of six months along with a fine. If the defendant has a prior exposure-related conviction, public indecency can be increased to a class 1 misdemeanor with a jail sentence between six to eighteen months along with increased fines. Indecent exposure is a class 1 misdemeanor, but can be charged as a class 6 felony if the defendant has two prior convictions. If it is charged as a felony, indecent exposure can land you a twelve to eighteen month prison sentence with mandatory parole, as well as high fines.

In addition to jail time and fines, a conviction for indecent exposure can require you to register as a sex offender as can a conviction for public indecency in some aggravated circumstances. This will significantly impact where you can work, who you can work with, where you live, and who you can live with. Any sex offender registration requires a momentous change in lifestyle which cannot be overstated. You can find more information about registration in Colorado here.