If you've watched a lot of sports, then most likely you have seen or heard of someone streaking naked across the field. Or, perhaps you've seen someone peeing in public after a few beers. While these events might seem inconsequential, or even comical in Denver, Adams or Jefferson County, these seemingly trivial actions can lead to the serious charge of Public Indecency – C.R.S. 18-7-301, or even Indecent Exposure – C.R.S. 18-7-302.

What is Public Indecency?

You will be charged with public indecency in Arapahoe, Broomfield and Douglas County if you perform any of the following actions while out in public:

• Sexual intercourse
• Lewd exposure of any intimate part of the body (nudity), not including genitals, done with the intent to satisfy the sexual desire or arousal of any person.
• Lewd caressing or fondling of another person.
• Knowingly exposing your genitals to the view of another person, under circumstances that are likely to cause affront or alarm to that person.

When a person streaks across the field during a Denver Broncos game, they are “exposing their genitals” to the view of many people. Usually streaking is done to cause alarm to the general public, so they would be charged with public indecency. While urinating in public is not usually done for sexual gratification, it is likely that they will cause “affront” to the lady walking past at that moment who sees him partially unclothed. With football season underway, public urination and streaking will be much more common. The consumption of alcohol greatly affects judgment regarding social norms.  Normally, people don't want to urinate in public or expose themselves, but when too much beer is involved – responsible decisions often fly out the door.

Can I Be Charged with a Sex Offense for Streaking or Public Urination?

There are two ways you could be charged with a sex offense for streaking or peeing in public. The first is if it can be charged as indecent exposure. This is if it can be shown that someone who streaks or a person urinating in public exposed their genitals with the intent to arouse or gratify sexual desire. Indecent Exposure is a sex offense in Denver, Littleton and Aurora. You would be required to register as a sex offender and complete the nearly impossible treatment overseen by the Sex Offender Management Board (SOMB).

Another way you can be charged with a sex offense is if you have received one prior conviction for public indecency within five years, or two convictions in your lifetime. If this is the case, you will be required to register as a sex offender and complete the nearly impossible SOMB treatment.

Regardless of the level of offense you are charged with, having a crime like public indecency or indecent exposure on your record can be damaging. In the current job market, many employers will bypass an applicant with a sex offense in their past. It is vital that you work with an experienced sex crimes defense attorney to obtain the best possible outcome in court.

If you are facing a conviction of public indecency or indecent exposure after exposing yourself in public, be smart and exercise your right to remain silent. Then, contact an experienced criminal defense attorney at the O'Malley Law Office at 303-830-0880. Or, submit the “Get Help Now” form. Together, we can protect your future.

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