Having sex in a public place in Denver will be charged as Public Indecency. That is a given under Colorado law. But, did you know that simulating a sexual act will be charged the same way? This past weekend, a couple of Yankees fans were caught on camera fully clothed, but grinding on each other while riding the subway – with no regard for the other passengers. I can only surmise that alcohol played a role in their decision making. Colorado law provides that Public Indecency is charged in Adams County after a person's genitals or intimate parts are exposed, but there is one exception: a lewd fondling or caress of another person's body can result in this charge – this includes simulated sex.
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Douglas County Public Indecency Lawyer: What is the Definition of Public Indecency in Arapahoe County?
The Arapahoe County and Douglas County definition of Public Indecency – C.R.S. 18-7-301 – is:
“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.”
Jefferson County Simulated Sex is Lewd and Lascivious Conduct for Public Indecency
As you can see, most of the subsections of Colorado's Public Indecency deal with an actual exposure, but no exposure is needed for part (d). Under Colorado law, ‘lewd' is defined as:
“Lascivious conduct of an overtly sexualized nature.”
While it does seem to be a bit subjective, in the case above, there is no question about the sexual nature of the fans' acts. As a class 1 petty offense, Public Indecency is punishable by up to 6 months in the Jefferson County Jail and $500 in fines. A second or subsequent conviction has harsher punishments, including a period of registering as a sex offender.
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If you or someone you love has been charged with Public Indecency, be smart, exercise your right to remain silent, and contact the best Public Indecency attorneys from the O'Malley Law Office at 303-830-0880 today. Together, we can protect your future.Request a Free Consultation
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