In Greeley, exposing your intimate body parts is part of the definition of a Public Indecency charge and the act of breastfeeding does seem to fall into this category. Fortunately, breastfeeding is protected by state law and mothers can feed wherever they need to in public or private. The definition of Public Indecency is gray at times, and any act of exposure can be charged as Public Indecency. This charge can lead to time in jail, a hefty fine, and multiple offenses can lead to Sex Offender Registration. If you are facing a Public Indecency charge read more below.
Definition of Public Indecency, located at C.R.S. 18-7-301, in Weld County
In Weld County, Indecent Exposure, C.R.S. 18-7-301, is:
In Greeley, Colorado, Public Indecency, located at C.R.S. 18-7-301, is defined as:
(c) A lewd exposure of an intimate part 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.
Examples of Public Indecency in Greeley, Colorado
In Greeley, Colorado, some examples of Public Indecency are:
- Having sex in an elevator
- Walking nude down the street
- Urinating in public
- Fondling yourself in a movie theater
It is important to note that the exposure of your genitals does not have to only arouse or satisfy the sexual desire, it can just cause affront or alarm. Therefore, if breastfeeding were not protected by state law, it could fall under the definition of Public Indecency.
Sentence of a Public Indecency Conviction in Weld County
If you are convicted of Public Indecency in Weld County, the sentence is a class 1 petty offense. The penalties include up to 6 months in Weld County Jail and up to $500 in fines. This may not seem like a severe offense, however if you have had a prior conviction of for Public Indecency or something similar, the sentence would then be a class 1 misdemeanor. The penalties for a second conviction could include 6 and 18 months in jail and $500 and $5,000 in fines and you could have to register as a sex offender. You would be required to register as a Sex Offender, if you are convicted of Public Indecency for the second time in 5 years or for a third or subsequent offence of Public Indecency. For more information on the Sex Offender Registry in Greeley, click here.
Defenses to a Public Indecency Charge in Greeley, Colorado
Greeley’s leading defense attorneys can defend your Public Indecency case and get you the best outcome. Some of the defenses they could use would be:
- Mistaken identity
- The exposure was accidental
- You were falsely accused
- The exposure did not cause affront or alarm
- Or, there is another state law which permits the activity – such as the law on breastfeeding or the exposure of the male and female breast
Are you or a loved one facing a Public Indecency charge in Greeley, Colorado? Be smart and exercise your right to remain silent. Remember, the Greeley Police Department is not there to help your situation and find the truth, but to make a case against you. Call our experienced and skilled defense attorneys at 970-616-6009 to meet with them in Weld County. Together, we can protect your future.
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