In Weld County, Public Indecency and Indecent Exposure are often thought of by the public as the same charge, but are distinct criminal charges. Among other actions, Public Indecency is charged when a person exposes his or her genitals in a way that would likely cause affront or alarm to another person. Indecent Exposure is the more severe offense of exposing your genitals to another for the purpose of sexual arousal or satisfaction, or masturbating in public. Recently, a Colorado State Representative was caught fondling her date’s intimate parts while in a theater in Denver in an act of Public Indecency. Below, our attorneys will discuss the difference between Public Indecency and Indecent Exposure, and how we can help you if you find yourself facing criminal charges.
Colorado Legal Definition of Public Indecency, C.R.S. 18-7-301
Public Indecency, C.R.S. 18-7-301, is defined in Colorado as:
(a) An act of sexual intercourse; or
(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.
Greeley Definition of Indecent Exposure, C.R.S. 18-7-302
The definition of Indecent Exposure, C.R.S. 18-7-302, is as follows in Greeley:
A person commits indecent exposure:
(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.
Public Indecency vs. Indecent Exposure in Severance and Fort Lupton
One main difference between Public Indecency and Indecent Exposure in Severance and Fort Lupton is the intent behind the exposure of the genitals. When a person exposes his genitals to cause alarm to another person and not for that person’s sexual pleasure, he will be charged with Public Indecency.
Several different acts could be considered Public Indecency, including running naked through a football stadium, having sex in an elevator, or even fondling your date, as in the story above. Masturbating in public or exposing your genitals to another to arouse or satisfy that person’s sexual desire will result in the more serious charge of Indecent Exposure.
Penalties for Conviction of Indecent Exposure or Public Indecency in Weld County
In Greeley, Public Indecency is a petty offense, with penalties of up to 10 days in the Weld County Jail and up to $300 in fines. Indecent Exposure is a class 1 misdemeanor, with penalties of up to 364 days in jail and a $1,000 fine. It is important to note that you do not have to register as a sex offender if you are convicted of Public Indecency for the first time. However, it is required if you are convicted of Indecent Exposure. To learn more about registering as a sex offender in Colorado, click here.
How Can a Greeley, Colorado Sex Crimes Defense Attorney Help?
Are you facing a Public Indecency or Indecent Exposure charge in Greeley or Weld County? Hiring a top sex crimes attorney who will fight for you is important. Petty offenses and misdemeanors may not seem severe; however, they can still require jail time and cause a financial burden. They can also come with the stigma of being a registered sex offender, which can affect your job and housing. Our attorneys know that people make mistakes, and for over 30 years we have attained great outcomes in similar cases.