I recently read an article about an older gentleman who likes to get some sun in his backyard – in the nude. It is illegal to display genitals in public view, so the man was charged with multiple crimes. In Denver, Arapahoe, and Jefferson County, and throughout Colorado, he likely would have been charged with Public Indecency. Let's take a minute to look at the charges this nude sunbather would be facing.

What is Public Indecency?

Public Indecency – C.R.S. 18-7-301, is charged whenever a person does any of the following in a public place “where the conduct may reasonably be expected to be viewed by members of the public:”

• Has sex
• Lewdly exposes an intimate part of their body (not including their genitals) with the intent to arouse or satisfy sexual desire
• Lewdly fondles or caresses another person
• Knowingly exposes their genitals in a way which is likely to cause alarm

The definitions are extremely vague in this statute. For example, no definition of the term “lewd” is provided, but it is an important part of the law in Douglas, El Paso, and Adams County. Often, these definitions are up to the translation and discretion of a District Attorney.

Nude Sunbather Had Sunbathed at Home for Years

The man was arrested, regardless of the fact he was at his own home.

According to the news article I read, the nude sunbather had been sunbathing naked for over 30 years – often falling asleep in his backyard. Apparently, it wasn't a problem until new neighbors moved in. The police checked it out and said children could see the man from a church parking lot nearby. The man had a chain-link fence, but it could be seen through. When questioned by the police regarding his sunbathing habit, the man replied that he could “do what he wanted in his own backyard.” You would think he would have this right – but the law often crosses boundaries. The man was arrested and charged regardless of the fact he was sunbathing at his own home.

Plea Agreements: Why You Need an Expert Lawyer

The insight and expertise of a knowledgeable defense attorney is extremely valuable.

According to the news, the nude sunbather pleaded guilty to two misdemeanor offenses. Under the terms of the agreement, the two charges won't stay on his record if he wears a swimsuit while sunbathing over the next year. Favorable plea agreements like deferred judgements can be worked out by negotiations with the District Attorney. This is why it is important to work with a hard-hitting criminal defense lawyer who won't back down and will fight to protect your rights. The sunbather worked with such a lawyer, who was able to use his clean criminal record to prove to the court that he was a good person who had made a mistake. The insight and experience of the best criminal defense attorney is extremely valuable – don't stand alone in front of a judge when your future is at stake.

If you or a loved one has been charged with Public Indecency, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.