Public indecency 18-7-301 and Indecent Exposure 18-7-302

 

This web page contains the elements of the Colorado Crime of Public indecency 18-7-301 (2) (b) and (c) and Indecent Exposure 18-7-302 (2) (b)

These are only the basic elements of these crimes – to fully understand a crime with which you are charged you will need a much greater understanding of Colorado Criminal Law.

This web site is designed to empower criminal defendants by helping them understand every phase of the criminal justice process. It also addresses the different types of defenses and strategies that exist in the Colorado Criminal Justice System.

If you are charged with a crime and seek to understand the new world you have entered – you need to understand that criminal laws and procedures can be so complex that even judges can get them wrong.

18-7-301. Public indecency

(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 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.

(2) (a) Except as otherwise provided in paragraph (b) of this subsection (2), public indecency is a class 1 petty offense.

(b) Public indecency as described in paragraph (e) of subsection (1) of this section is a class 1 misdemeanor if the violation is committed subsequent to a conviction for a violation of paragraph (e) of subsection (1) of this section 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.

NOTE:  … A second or subsequent conviction for knowingly exposing one’s genitals to the view of another under circumstances in which such conduct is likely to cause affront or alarm is a class 1 misdemeanor.

and

Indecent Exposure 18-7-302 (2) (b)

A person commits the class 1 misdemeanor of indecent exposure if he or she knowingly exposes his or her genitals (with the intent to arouse the sexual desire of any person) or performs an act of masturbation in the view of any person under circumstances in which such conduct is likely to cause affront or alarm.

Indecent exposure is a class 1 misdemeanor, but if the person has previous convictions of the same charge, it is a class 6 felony with a possible sentence to prison.