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Public Indecency Lawyer Near Me in Denver | Is Topless Gardening Okay?

Posted by Terry O'Malley | May 08, 2018 | 0 Comments

Exposing yourself can be charged as Public Indecency depending on the intent behind the exposure. A woman was recently in the news for her choice to garden without a top on. According to the report, the woman had gotten hot and decided to take off her shirt, meaning she was completely exposed from the waist up. A passerby was not happy about this and decided to call the police. Would this have warranted a criminal charge in Denver, Aurora, or Castle Rock? Let's take a look at the statute to find out.

Douglas County Public Indecency Attorney: Definition of Public Indecency in Arapahoe County

The Douglas and Arapahoe County, Colorado law definition of Public Indecency – C.R.S. 18-7-301 – is:

(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.

Intimate parts” means the external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person. So, by definition, the woman did expose her intimate parts. But, the question is intent. Under the statute – section (c), she would have to expose herself with the intent to arouse another's sexual desire. I don't think that her actions meet that seeing as she didn't have an intended person she was exposing herself to. How can you intend to arouse someone else's sexual desires when you aren't purposely exposing yourself to anyone?

Sentence for Public Indecency in Adams or Jefferson County

As a class 1 petty offense in Jefferson and Adams County, Public Indecency is punishable by up to 6 months in the Jefferson County Jail and up to $500 in fines. That is, only if your actions actually meet the criteria for this crime.

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If you or a loved one has been accused of or charged with Public Indecency, be smart, exercise your right to remain silent, and contact the best criminal defense 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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Terry O'Malley

Get Help Now! Request a Free Consultation Meet Criminal Defense Attorney Terry O'Malley If you have been charged with a crime, you are probably dealing with strong emotions about your upcoming court appearance. You are struggling with knowing how to choose a trustworthy lawyer to represent you...

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Get Help Now

If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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