The Greeley Police and Weld County Sherriff’s Office arrest many people for Public Indecency each year. It is not uncommon for a UNC college student, who has had too much to drink, to relieve himself in an alley while walking home from a bar. This deceptively harmless action could lead to serious consequences, including jail time, a hefty fine, Sex Offender Management Board (SOMB) sex offender treatment, and needing to register as a sex offender. One of the last things the police and government officials want to risk is being viewed as soft on sex offenders. As a result, it is surprisingly easy to be charged with this crime.
What is the Law on Public Indecency in Greeley, Colorado?
The Greeley, Colorado definition of Public Indecency – C.R.S. 18-7-301- is:
(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.
Importantly, C.R.S. 18-7-301 forbids the exposure of an intimate body part (not including the genitals) when done with the intention of arousing or satisfying your or someone else’s sexual desire. However, exposure of genitals does not need to be done with a sexual intent. Rather, you simply have to cause affront or alarm to another person. Courts have likened “affront” or “alarm” to scaring or offending someone. It is not required that you intended to scare or offend another person. Further, you do not have to be aware that the public can see you. This means that a teenage mooning prank or skinny dipping in your own pool or hot tub may result in being charged with Public Indecency.
What are Examples of Public Indecency in Weld County?
In Weld County, Colorado, you may be charged with Public Indecency for countless situations, including the following:
- Peeing in public, such as in an alley (or on private property, even your own, if the public may see you).
- Students streaking at a UNC Bears football game or across a college campus.
- Making out with your significant other in a public place and it goes too far (“fondling or caressing” occurs)
- Being nude in your car, a backyard, or inside a house with curtains partially open.
- Masturbating or having sex in a park or other public place.
As you can see from these examples, you can commit public indecency in a public place, or also anywhere you may realistically expect a member of the public to see you. Even if you believe you are in a private place, the unforeseen actions of an unknown person who discovers you might subject you to prosecution.
What is the difference between Public Indecency and Indecent Exposure in Greeley, Colorado?
While people in Greeley and throughout Colorado often believe Indecent Exposure and Public Indecency have the same meaning, these two crimes are different. Indecent Exposure is considered a more serious crime than being charged with Public Indecency. Each can be charged after exposing of one’s genitals to another person. However, Indecent Exposure requires that you knowingly expose your genitals to someone else “with the intent to arouse or to satisfy the sexual desire of any person.” On the other hand, Public Indecency only requires that another person be “affronted” or “alarmed” by the exposure. This is why simple public urination often leads to a Public Indecency charge, but not a charge of Indecent Exposure.
What is the Sentence for Public Indecency in Weld County, Colorado?
In Weld County and throughout Colorado, Public Indecency is normally a class 1 petty offense. However, it can be sentenced as a class 1 misdemeanor when charged a second time.
The punishment for a Class 1 Petty Offense includes:
- A fine up to $500
- Up to 6 months in the Weld County Jail
The punishment for a Class 1 Misdemeanor includes:
- A fine between $500 and $5,000
- Weld County Jail time between 6 and 18 months
Two Convictions for Public Indecency Transforms You into a Greeley Sex Offender
A person who is convicted with Public Indecency twice and consequently charged with a Class 1 Misdemeanor, will then be required to register as a sex offender in Weld County and undergo Invasive sex offender treatment. This treatment will allow the government to scrutinize your workplace, your relationship with children (even your own kids), and anywhere you want to go. We believe the sentence does not fit the crime here. Getting caught peeing in public a couple times requires a similar treatment program as a more serious sexual offender. Yet, as a sex offender, you will be treated and viewed by others as a danger to society. Beyond that, a criminal record and being labeled as a sex offender may have a detrimental impact on your employment, housing, relationships, and your future success. Most employers and landlords will immediately reject you when they learn about your charges and sex offender status.
Remember, the police will use anything and everything you say against you, their goal is to convict you. So, it is vital to your future success that you exercise your right to remain silent and contact a top Public Indecency attorney immediately. When you contact one of our qualified sex crime lawyers, we will work hard to develop the best defense for your situation. If you or a loved one has been contacted by the Greeley Police about Public Indecency, be smart, exercise your right to remain silent, and contact a top Greeley criminal defense attorney at the O’Malley Law Office. Call 970-616-6009 to talk with an attorney today. Together, we can protect your future.
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