Public Indecency, C.R.S. 18-7-301, and Indecent Exposure, are both charged in Weld County, Colorado for public or visible acts of nudity or sexuality. While there is overlap between these two offenses, there are also several significant differences. Not only are these crimes charged for distinct and separate acts, but one of these offenses is just a petty offense, while the other can be a misdemeanor or even a felony. If you have been charged with either offense, don’t wait, and contact us today to discuss your case.
1. Weld County Court Definition of Public Indecency, C.R.S. 18-7-301
The Weld County Court legally defines Public Indecency, C.R.S. 18-7-301, as:
(a) An act of sexual intercourse; or
(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.
Public Indecency is a somewhat broader charge than Indecent Exposure, and is generally a less severe offense. This is because Public Indecency is a petty offense, and a first conviction does not require sex offender registration. By contrast, a defendant convicted of Indecent Exposure for the first time is automatically required to register.
2. Greeley Definition of Indecent Exposure, C.R.S. 18-7-302
In Greeley, the definition of Indecent Exposure, C.R.S. 18-7-302, is as follows:
(a) If he or she knowingly exposes his or her genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person with the intent to arouse or to satisfy the sexual desire of any person;
(b) If he or she knowingly performs an act of masturbation in a manner which exposes the act to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person.
Indecent Exposure only involves two specific circumstances. One is exposing genitals – not an intimate part like breasts – to the view of another person in an attempt to arouse any person involved. This is performed in a way that would cause alarm, such as randomly flashing a woman in an alleyway in downtown Greeley. The other way this offense is charged is by knowingly masturbating in another person’s view which would also likely cause alarm.
3. Weld County Jail Time and Other Penalties for Public Indecency & Indecent Exposure in Greeley
In Greeley, Public Indecency and Indecent Exposure may both result in time at the Weld County Jail and a fine. However, these offenses otherwise carry different penalties – see the table below for a comparison:
Offense / Circumstances |
Classification |
Penalties |
| Public Indecency | Petty offense |
|
| Public Indecency if committed for the second time within 5 years of the first offense, or it was the third or subsequent offense | Petty offense | The same penalties as above, plus required registration on the Sex Offender Registry |
| Indecent Exposure – first or second offense | Class 1 misdemeanor / M1 |
|
Indecent Exposure:
|
Class 6 felony / F6 |
|
It is in your best interest to seek a top criminal defense attorney if you have been charged with Public Indecency or Indecent Exposure. Don’t wait, and contact us today to discuss your case.
Have you been charged with Public Indecency or Indecent Exposure? Exercise your right to remain silent, and do not talk to the Greeley Police. Then call 970-616-6009 today to talk to a top Weld County criminal defense lawyer from the O’Malley Law Office about your case today. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
Photo by Andrea Piacquadio