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Having sex in view of the public is charged as Public Indecency in Denver, Aurora and Castle Rock. However, when the two found having sex are related, then the felony Incest is often charged as well. This recently happened to a father and daughter, who were reportedly having sex in their back yard. According to the report, a witness saw two people performing an act of sexual intercourse and called the police to report it. When police arrived, they questioned the two people involved. It was discovered that the 39-year-old man was the father of the 19-year-old girl he was having sex with. Both verified that the sex was consensual, but in Denver and Douglas County, it is still a crime – consent or not.  

Douglas County Public Indecency Lawyer: Definition of Public Indecency in Arapahoe County 

The Douglas and Arapahoe County, Colorado law definition of Public Indecency – C.R.S. 18-7-301 – is: 

(1) Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency:  

(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.

The father and daughter would be facing this class 1 petty offense for a charge under subsection (a). 

Adams County Incest Lawyer: Definition of Aggravated Incest in Jefferson County 

The Jefferson and Adams County, Colorado law definition of Aggravated Incest – C.R.S. 18-6-302(1)(a) – is: 

(1)  A person commits aggravated incest when he or she knowingly:  

(a)  Marries his or her natural child or inflicts sexual penetration or sexual intrusion on or subjects to sexual contact, his or her natural child, stepchild, or child by adoption. For the purpose of this paragraph (a) only, “child” means a person under twenty-one years of age.

Because the daughter is 19 (under 21) the father is facing the Aggravated Incest charge. As a class 3 felony sex offense, Aggravated Incest is punishable by an indeterminate sentence to prison. 

If you or a loved one has been charged with Public Indecency or Incest, be smart, exercise your right to remain silent, and contact the criminal defense attorneys from Sawyer Legal Group at 303-830-0880.