Public Indecency – C.R.S. 18-7-301, is a petty offense, but if you are convicted twice, you will face serious consequences in Weld, Morgan, and Logan County. It isn’t hard to be charged with this crime – in fact, peeing / urinating in public will get you a Public Indecency charge. If you are convicted of Public Indecency twice, you’ll be required to register as a sex offender and go through sex offender treatment (read more about sex crimes and how they’re treated in Colorado). Let’s take a closer look at the law:
What Kind of Conduct Results in a Public Indecency Charge?
Put very simply, a person will be charged with Public Indecency if they “knowingly” expose their genitals to the view of another person, when it is likely to cause alarm to the other person. The words: “likely to cause alarm” are very subjective. It is this kind of subjectivity which makes this crime so dangerous. Here’s an example where a person would be charged with this offense:
George is an older gentleman who is on many medications which make him have to urinate often. One day he’s out and about in Greeley when he finds he is a long way from a public restroom. He ducks into an alley and relieves himself. A police officer sees him and accuses him of public indecency.
I’m not sure about you, but seeing people pee in alleys isn’t “alarming.” It’s actually quite common. In George’s case, he didn’t pee in the alley to cause shock or alarm to anyone – he simply need to use the bathroom badly and couldn’t find one. The terms “alarm” is subjective – the definition of what it means is left up to the judge or jury in a Public Indecency trial. Another way a person could be charged with Public Indecency is to “moon” someone. This prank is commonly practiced by younger generations. Because an “intimate part” of the body is exposed, a person who is caught mooning will be charged with a crime in Evans, Erie, or Johnstown.
Sex Offender Registration for Mooning and Peeing in an Alley?
According to Colorado law, if a person is convicted of Public Indecency twice, they will be required to register as a sex offender and undergo sex offender treatment overseen by the Sex Offender Management Board (SOMB). Yes – a person who is convicted of Public Indecency twice (let’s say once for mooning someone, and another time for peeing in an alley) will be required to go through treatment with serial rapists and will be labeled as a sex offender. This is ridiculous and unjust. If you have been charged with Public Indecency, don’t hesitate to contact an experienced criminal defense attorney to defend you in court. This seemingly small offense can have big consequences for your future.