Arrested or Charged with Public Indecency (C.R.S. § 18-7-301) in Colorado?

You might be feeling shocked, embarrassed, and overwhelmed if you’ve been arrested for or charged with public indecency in Colorado. Maybe it was a misunderstanding, or you made a momentary lapse in judgment that’s now threatening your reputation and future.

Whatever the circumstances, you need to understand exactly what you’re facing and how to protect yourself going forward.

What is Public Indecency Under Colorado Law?

Public indecency in Colorado is defined under C.R.S. § 18-7-301 as performing certain acts in a public place or where the conduct may reasonably be expected to be viewed by members of the public.

The statute specifically prohibits:

• Sexual intercourse in public – Engaging in sexual acts where others might see you
• Lewd exposure of intimate parts – Exposing certain body parts (not including genitals) with sexual intent
• Lewd fondling or caress – Inappropriate touching of another person’s body in public
• Exposing genitals – Deliberately exposing yourself in circumstances likely to cause alarm

While public indecency is classified as a petty offense in Colorado, don’t be fooled – the consequences can still be significant and long-lasting.

Public Indecency vs. Indecent Exposure

Public indecency and indecent exposure are two different charges in Colorado, with very different consequences.

Public Indecency (C.R.S. § 18-7-301)

• Classified as a petty offense
• Typically results in fines
• Generally does NOT require sex offender registration
• Maximum jail time is 6 months

Indecent Exposure (C.R.S. § 18-7-302)

• Usually charged as a Class 1 misdemeanor
• Can become a felony with multiple convictions
• DOES require sex offender registration
• Can result in up to 18 months in jail
• Significant long-term consequences

Many people don’t realize this distinction, but it’s critical – the difference between these charges can dramatically impact your future. If you’ve been charged with public indecency, the first thing your defense attorney should do is make sure the charge isn’t wrongly escalated to indecent exposure.

Common Scenarios Leading to Public Indecency Charges

Public indecency charges arise in various situations, many of which might surprise you:

• Public urination – Yes, relieving yourself in an alley after a night out can lead to charges
• Skinny dipping – Swimming nude in a public pool or lake, even at night
• Intimate acts in vehicles – Your car is not as private as you might think
• Changing clothes in public – Even if you thought no one was around
• Intoxicated behavior – Alcohol often plays a role in lowering inhibitions

Many of these situations involve ordinary people who made a momentary mistake or misjudgment, not individuals with criminal intent.

Consequences of a Public Indecency Conviction

While public indecency is a petty offense, the impact extends far beyond any fine or court appearance:

Legal Penalties

• Fines up to $500
• Potential jail time up to 6 months (though rare for first offenses)
• Probation and community service

Personal and Professional Impact

• Embarrassment and damage to your reputation
• Potential job loss or difficulty finding employment
• Stress on personal relationships
• Permanent criminal record that appears in background checks
• Possible disciplinary action if you work in education, healthcare, or government

The bigger worry? It could be upgraded to indecent exposure, which might mean registering as a sex offender, with serious effects on your home, job, and reputation.

Effective Defense Strategies for Public Indecency Charges

Every case is different, but there are several defense strategies that an experienced attorney might use:

1. Lack of Intent

The prosecution must prove you intended to commit the act. For example, if your exposure was accidental or unavoidable, this could be a valid defense.

2. Reasonable Expectation of Privacy

If you had a reasonable belief that your conduct would not be observed by others, this might be a successful defense strategy.

3. Constitutional Challenges

Sometimes, law enforcement violates your rights during the arrest or investigation, which can lead to evidence being suppressed or charges dismissed.

4. False Accusations

Unfortunately, misidentifications or even malicious accusations do occur. Your attorney can work to uncover the truth through witness testimonies and other evidence.

5. Negotiating Lesser Charges

In some cases, the best strategy is to negotiate with prosecutors for reduced charges or alternative sentencing that minimizes long-term consequences.

What to Do If You’ve Been Charged with Public Indecency

If you’re facing public indecency charges in Boulder or anywhere in Colorado, follow these critical steps:

1. Remain Silent

Exercise your right to remain silent. Anything you say to law enforcement can and will be used against you, even if you’re trying to explain or apologize.

2. Do Not Plead Guilty at Your First Appearance

Many people make the mistake of pleading guilty immediately out of embarrassment or a desire to put the matter behind them. This can have serious unintended consequences.

3. Hire an Experienced Criminal Defense Attorney

Public indecency cases require specific knowledge of Colorado law and local court procedures. Working with an attorney who has successfully handled these cases before gives you the best chance at a favorable outcome.

4. Preserve Evidence

Save any evidence that might help your case, including witness information, location details, and circumstances surrounding the incident.

5. Follow Your Attorney’s Advice

Your lawyer will develop a strategy specific to your situation. Trust their guidance and follow their recommendations throughout the legal process.

Why You Need Dawson Law Office for Your Public Indecency Defense

At Dawson Law Office, we bring years of experience defending clients against public indecency charges throughout Boulder and Colorado. Our approach combines:

• In-depth knowledge of Colorado’s public indecency and sex crime statutes
• Aggressive defense strategies tailored to your specific situation
• Compassionate representation that respects your privacy and dignity
• Proven results in having charges reduced or dismissed
• Strategic negotiation with prosecutors to minimize consequences

We understand that a public indecency charge doesn’t define who you are. One mistake shouldn’t follow you for the rest of your life, and we’re committed to helping you move forward.

Don’t Face Public Indecency Charges Alone

If you or someone you care about has been charged with public indecency in Boulder or anywhere in Colorado, don’t wait to get help. The sooner you have experienced legal representation, the better your chances of protecting your rights and your future.

Contact Dawson Law Office today for a confidential consultation. We’ll listen to your story, explain your options, and help you build a defense strategy that works.

Remember: A charge is not a conviction. With the right legal team, you can fight back and protect your reputation, your record, and your future.

Contact Dawson Law Office today for a confidential consultation about your public indecency case.