It is a crime to urinate in public in Colorado.
Colorado’s law against public indecency (CRS 18-7-301) makes it illegal to knowingly expose your genitals to someone else in a way that is “likely to cause affront or alarm.” This includes public urination.
A petty offense, peeing in public carries up to 10 days in jail and/or $300.1
What is public indecency under CRS 18-7-301?
Colorado’s public indecency law prohibits four things:
- Acts of sexual intercourse,
- Lewd exposures of intimate body parts, not including the genitals, to arouse or satisfy a sexual desire,
- A lewd fondling of someone else, and
- Knowingly exposing your genitals to someone else in a way that is likely to cause affront or alarm.
The law only applies to conduct that is done either:
- In a public place, or
- Where it is reasonably expected to be seen by a member of the public.
Public indecency therefore comprises public urination since it involves knowingly exposing your genitals to the public.2
What are the penalties for public urination?
A public urination conviction under CRS 18-7-301 is a petty offense carrying:
- up to 10 days in jail and/or
- up to $300 in fines.3
Note that public indecency – which includes peeing in public – is a relatively new crime. Before it was made law in 2010, public urination could be prosecuted as a serious sex offense requiring sex offender registration.4
How do I defend against the charges?
From our extensive experience fighting public indecency charges, our criminal defense team has been able to get public urination charges dismissed by arguing:
- You were falsely accused;
- You were the victim of mistaken identity; or
- You were suffering from a medical episode beyond your control, such as a seizure.
Public indecency is a strict liability crime; therefore, it is not a defense that:
- you were unaware that the public could see you; or
- you had no intention to cause alarm.5
Is public urination legal in Denver?
No. In 2017, the Denver City Council reduced the penalties for public urination and defecation from a maximum of one year in jail and $999 in fines down to a maximum of 60 days in jail. Despite what some articles say online, peeing in public remains against the law in Denver.6
Legal References
- CRS 18-7-301. See also People v. Lopez (Colo. App. 2020) 471 P.3d 1285.
- Same.
- Same. Prior to March 1, 2022, public urination was a class 1 petty offense carrying 6 months in jail and $500 in fines. SB21-271.
- Colorado House Bill 10-1334. J. Adrian Stanley, “That’s a relief: Under a new state bill, public urination ceases to be deemed a sex offense,” Colorado Springs Independent (April 22, 2010). See also People v. Hoskay, 87 P.3d 194 (Colo. App. 2003).
- CRS 18-7-301.
- Dan Macguill, “Did the City of Denver Legalize Public Urination and Defecation?” Snopes (February 13, 2019). Denver Municipal Code 1-14. Denver Municipal Code 38-99.