In Greeley, Colorado, you are not allowed to expose your genitals or intimate body parts or have sex in public. If you do, you could be charged with Public Indecency. A man in a Walmart parking lot was recently charged with Public Indecency. Apparently, the man was naked when an employee saw him and called the police. When the police arrived, the man was still naked and inappropriately touching himself. Typical factual scenarios involve someone urinating in public or visible to someone nearby through a window in their home. A criminal charge like Public Indecency should be taken seriously, since a criminal record of this charge would likely cause alarm to others. Having an affordable top lawyer is the best chance for a favorable outcome in your case. Below, our lawyers discuss Public Indecency charges in more detail.
What is the Definition of Public Indecency, C.R.S. 18-7-301, in Weld County?
The Definition of Public Indecency, C.R.S. 18-7-301, in Weld County is:
(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.
In the story above, the man not only exposed himself to the Walmart employee, but also to the responding police officers. A parking lot is a reasonable place to be viewed by the public. If the man’s actions are correct as described, and he were in Colorado, he could be convicted for Public Indecency.
What is the Difference Between Public Indecency and Indecent Exposure in Greeley, Colorado Criminal Court?
Public Indecency, in Greeley, is not the same as Indecent Exposure. Indecent Exposure, C.R.S. 18-7-302, can be charged when you knowingly exposing your genitals to someone else to satisfy sexual desire. Public Indecency is a lesser charge described as a petty offense, meaning that the sentence and penalties are not as severe as Indecent Exposure which is normally a class 1 misdemeanor, and a sexual offense requiring sex offender registration. It can be charged as a class 6 felony if the person charged has 2 prior misdemeanor convictions. If you are facing an Indecent Exposure charge learn more here.
What is the Sentence and Penalties for Public Indecency in Weld County?
In Weld County, Public Indecency is a petty offense. The penalties for a petty offense are up to 10 days in jail and /or up to $300 in fines. While this may not seem like a severe penalty, it can cost you time, money, give you a criminal record, and if you are not a US citizen then a conviction might impact your immigration status.
Do You Need to Register as a Sex Offender if You are Convicted of Public Indecency in Greeley, Colorado?
There have been recent changes when it comes to Sex Offender Registration in Greeley. Prior to March 1, 2022, Sex Offender Registration was required when a person was convicted for Public Indecency for a second or subsequent time. After March 1, 2022, people convicted of Public Indecency are no longer required to register. If you were convicted of Public Indecency before March 1, 2022, contact us to discuss applying to get off the registry.
Criminal Charges related to Public Indecency in Weld County Criminal Courts
In Weld County, a few criminal charges that are related to Public Indecency are:
- Indecent Exposure – C.R.S. 18-7-302, in Windsor
- Disorderly Conduct – C.R.S. 18-9-106, in Ault
- Harassment – C.R.S. 18-9-111, in Erie
- Unlawful Sexual Contact – C.R.S. 18-3-404, in Nunn
Facing a charge of Public Indecency in Greeley or Weld County? Be smart and exercise your right to remain silent. Call Weld County’s top defense attorneys at the O’Malley Law Office to get you the best results. Call 970-616-6009. Together, we can protect your future.
Image by Vlad Vasnetsov from Pixabay