You never know what to expect when you're out in public. According to one news story I read, a 90-year-old man was arrested while out at a local park. Apparently, he was arrested after having raised the leg of his red shorts to expose his private parts. He was also accused of touching an undercover officer. In Denver and across Colorado, he could face charges of Public Indecency. What is Public Indecency and how is it charged in Colorado? Let's continue reading.
What is Public Indecency in Denver and Adams County?
What is Public Indecency? In Denver County and Adams County, Public Indecency, C.R.S. 18-7-301, is charged in many ways. Whenever a person performs any of the following in a public place or where the conduct may be expected to be viewed by the public:
- An act of sexual intercourse
- A lewd exposure of an intimate part
- A lewd fondling or caress of the body of another person
- A knowing exposure of the person's genitals to the view of another when the conduct is likely to cause affront or alarm to that person
Because the man knowingly exposed his genitals in a public place (a local park), it likely caused alarm to other people. These actions are different than if he had lewdly exposed an intimate part. According to 18-3-401, intimate parts are the
“external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person”.
A lewd exposure of one of these intimate parts might include masturbation or inappropriate touching of an intimate part. The 90-year-old was also accused of touching an undercover officer. This would be public indecency if he was fondling or caressing the officer's body.
How is Public Indecency Charged in Jefferson County?
In Jefferson and Arapahoe County, public indecency is a class 1 petty offense. Knowingly exposing your genitals to someone else when the conduct can likely cause alarm is a class 1 misdemeanor if:
The violation is committed subsequent to a conviction for a violation of paragraph (e) of subsection (1) of 18-7-301; or
For a violation of a comparable offense in any other state or in the United States; or
For a violation of a comparable municipal ordinance.
A class 1 petty offense can lead to up to 6 months in the Jefferson County Jail and a $500 fine. Class 1 misdemeanors can lead to up to 18 months in the Arapahoe County Jail. They can also lead to up to $5,000 in fines.
Charged with Public Indecency in Aurora? Contact a Public Indecency Defense Lawyer
To learn more about Public Indecency and what you could be facing if charged, contact an attorney immediately. In Aurora, Englewood and Highlands Ranch, undercover police are often on the lookout. They look for behavior that could lead to charges of Public Indecency or Indecent Exposure. If confronted by an Aurora or Douglas County police officer, don't speak with them. Don't let them gather information that could make you out to be a criminal when you're not. Instead, consult an experienced sex crimes defense attorney at the O'Malley Law Office right away.Request a Free Consultation
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