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Men and women in Denver, Aurora and Castle Rock tend to relax at public fairs, but one couple took having a good time too far.  Families reported seeing a couple having sex in public at a small fair.  An act of sexual intercourse in a public place should not be observed by kids out to see the farm animals. Whether a lewd fondling, caress or groping, private sexual contact should be kept private.  No one should be subject to affront or alarm at seeing the genitals of another. This couple was arrested and are facing charges for Public Indecency.

Arapahoe County State Fair Public Indecency Lawyer: What is the Definition of Public Indecency in Douglas County?

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

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 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

(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.

Obviously, the couple above would be charged with Public Indecency under part (a) because they performed an act of sexual intercourse in a public place, viewable by members of the community.

Jefferson County Sentence for Public Indecency: Is Public Indecency a Sex Offense in Adams County?

In Jefferson and Adams County, Public Indecency is a class 1 petty offense. A second or subsequent Public Indecency charge under part (e) is a class 1 misdemeanor. If a second or subsequent Public Indecency offense is committed within 5 years of the first offense, or if it is third or subsequent offense no matter how much time as passed, then the person is required to register as a sex offender for a period of time.

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