Public Indecency – Colorado Law & Penalty – C.R.S. § 18-7-301

Colorado Revised Statute § 18-7-301 C.R.S. makes it a petty offense to commit public indecency. Public indecency comprises doing any of the following where the public can see:

• An act of sexual intercourse; or
• 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
• A lewd fondling or caress of the body of another person; or
• 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.

Penalties for Public Indecency

• Fines:  Up to $300; and/or
• Jail:  Up to 10 days.

Examples of Public Indecency

• Having intercourse in a park.
• Urinating on a telephone pole in full view of passersby who are likely to be offended or alarmed by the exposure.
• Flashing your breasts on the street because you get a sexual thrill from it.
• Touching your date’s crotch in a movie theater.

In this article, our Denver criminal defense attorneys address the following topics regarding public indecency laws in Colorado:

• 1. Elements of C.R.S. 18-7-301
• 2. Defenses
• 3. Penalties
• 4. Related Offenses
• Frequently Asked Questions
• Additional Reading

1. Elements of C.R.S. 18-7-301

For you to be convicted of public indecency under C.R.S. 18-7-301, Colorado prosecutors must prove beyond a reasonable doubt that you committed any of the following four acts in public or where you should reasonably expect the public could see you:

1. Having sexual intercourse,
2. Exposing your intimate body parts (your breast, buttocks, anus, or pubic area, but not your genitals) in order to arouse or satisfy the sexual desire of you or someone else,
3. Knowingly exposing your genitals in a way that will likely cause affront or alarm, even if you had no intent to scare or offend anyone, or
4. Lewdly fondling or caressing someone in an overtly sexual, offensive, and lustful manner. This does not include hugging, kissing, holding hands, or breastfeeding an infant.¹

Public indecency is a less serious crime than indecent exposure, which is knowingly exposing your genitals with the intent to arouse the sexual desires of any person. You can be convicted of public indecency for exposing your genitals even if you had no sexual intent.

In our experience, many public indecency cases come down to whether the prosecution can prove the conduct was actually visible to the public, or that it was sexual rather than innocent. We often find that police reports overstate what a witness could see, which gives us room to challenge the charge.

2. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people accused of sex offenses such as public indecency. In our experience, the following five defenses have proven very effective with prosecutors and judges in getting C.R.S. 18-7-301 charges dismissed.

1. You were falsely accused.
2. The exposure was an accident and unintentional.
3. You are a victim of mistaken identity (which is common when the actual perpetrator wore a mask).
4. There was no exposure of your intimate parts or genitals, and the police were mistaken.
5. Your genital exposure was not likely to cause affront or alarm.

We find that a careful review of the evidence early in the case makes a big difference. Witness statements, lighting, distance, and surveillance video can all undercut the prosecution’s version of events, and we can often use these weaknesses to get the charge reduced or dismissed.

3. Penalties

Public indecency is a petty offense in Colorado. Under C.R.S. 18-7-301, a conviction can carry up to 10 days in jail and/or $300 in fines.²

We can often persuade the judge to impose probation or a fine instead of jail, especially for a first offense. We may also be able to negotiate a plea agreement where the charge is dismissed once you complete all the terms.

Sex Offender Registration

Prior to March 1, 2022, sex offender registration was required in Colorado when you were convicted of either:

• public indecency by exposing your genitals for the second time in five years or
• a third or subsequent offense of public indecency by exposing your genitals.

However, due to a change in law, sex offender registration is no longer required.³ If you are currently on the registry for public indecency, contact an attorney about applying to get off the registry.

Many people who were placed on the registry under the old law do not realize that the law has changed. We can review your record and help you petition to be removed from the registry if you qualify.

Immigration Consequences

Because public indecency carries a maximum of 10 days in jail, a single conviction is unlikely to make a non-citizen deportable on its own. However, multiple convictions, or a public indecency conviction combined with other offenses, can carry immigration consequences.

Even if you plead guilty to avoid jail or to use a diversion program, it can constitute a “conviction” under federal immigration law. Non-citizens should speak with an immigration attorney before entering any plea.

We know from experience that the way a plea is worded can matter as much as the charge itself. When our client is not a U.S. citizen, we work with immigration counsel to pursue outcomes that minimize the risk to their status.

Record Seals

Petty offense convictions can be sealed one year after your case ends. If your case gets dismissed, you can have it sealed right away.⁴

Many clients are surprised at how quickly a public indecency case can be sealed. Once your case is resolved, we can file the paperwork so that employers, landlords, and the public cannot see it through most background checks.

Learn how to seal Colorado criminal records.

4. Related Offenses

• Disorderly conduct (C.R.S. 18-9-106)
• Indecent exposure (C.R.S. 18-7-302)
• Unlawful sexual contact (C.R.S. 18-3-404)

In our experience, prosecutors sometimes file a more serious charge such as indecent exposure when the facts only support public indecency. We can often negotiate the case down to the lesser charge, which avoids sex offender registration.

Frequently Asked Questions

Can I be charged with public indecency for non-sexual acts?

Yes. Exposing your genitals in a way that is likely to cause affront or alarm is public indecency under C.R.S. 18-7-301 even if you had no sexual intent. For example, streaking at a sporting event is frequently charged under this “affront or alarm” clause.

Other non-sexual exposure, such as “mooning,” does not fit that clause because it does not involve the genitals, but it may still be charged under disorderly conduct or a local ordinance. Many Colorado cities have their own municipal codes, and their definitions of indecent or offensive conduct can be broader than state law.

What is “lewd” behavior in Colorado?

The Colorado Revised Statutes do not define “lewd.” However, the Colorado Supreme Court has held that a “lewd fondling or caress” under the public indecency statute means lascivious conduct of an overtly sexualized nature.

Ordinary affection like hugging, kissing, or holding hands does not qualify. Still, where the line falls in a given case often turns on the specific facts, and behavior one person considers “passionate PDA” (public displays of affection) in a park or hotel lobby could be charged by a prosecutor as “lewd fondling.”

Can I be charged if I am clothed but simulating a sexual act?

Possibly. Physical nudity is not required for the “lewd fondling or caress” subsection of the law, but that subsection applies only to fondling or caressing the body of another person.

So if two people engage in overtly sexualized touching in public while clothed, it may be charged as public indecency. Solo simulated motions without touching another person do not fit this subsection, though they could potentially be charged under disorderly conduct or a local ordinance.

Is there a difference between being charged under state law vs. city municipal code?

Yes. While the state law is a petty offense, many cities (such as Denver, Aurora, or Boulder) have their own local versions of the law. If you are charged under a municipal ordinance, your case will be heard in a city court rather than a county court.

While the penalties are often similar (fines and short jail stays), the specific definitions of what constitutes “indecency” can vary slightly from one city to the next.

What happens if I am convicted of public indecency a second time?

Under current Colorado law, every public indecency conviction is a petty offense, including repeat convictions. Before March 1, 2022, a second conviction for exposing your genitals could be charged as a class 1 misdemeanor and could require sex offender registration, but that enhancement was repealed.

Keep in mind, however, that if prosecutors believe repeated exposure was done to arouse sexual desire, they may charge the more serious crime of indecent exposure, which requires sex offender registration. Indecent exposure is a class 1 misdemeanor, but it becomes a class 6 felony for a third or subsequent offense or if the person knew a child under 15 would see the exposure. (House Bill 23-1135)

Is “topless gardening” or sunbathing public indecency?

Not under state law unless there is sexual intent. In Colorado, exposing “intimate parts” (which includes breasts) is only public indecency if done with the intent to arouse or satisfy sexual desire.

If a person is simply gardening or sunbathing without sexual intent, it does not meet the criteria for the state statute. The “affront or alarm” clause applies only to exposure of the genitals, not breasts. Local ordinances may differ, so it is worth checking your city’s municipal code.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Revealing the Bare Uncertainties of Indecent Exposure – Columbia Journal of Law & Social Problems.
• Criminal Law and Procedure: Indecent Exposure: Nudism – Michigan Law Review.
• Indecent exposure: a serious ‘nuisance’ offence – Women’s History Review.

Legal References: