Is it a crime to urinate in public in Colorado?

Posted on June 15, 2023

It is a crime to urinate in public in Colorado.

Colorado’s law against public indecency (CRS 18-7-301) makes it illegal to knowingly expose your genitals to someone else in a way that is “likely to cause affront or alarm.” This includes public urination.

A petty offense, peeing in public carries up to 10 days in jail and/or $300.¹

What is public indecency under CRS 18-7-301?

Colorado’s public indecency law prohibits four things:

1. Acts of sexual intercourse,
2. Lewd exposures of intimate body parts, not including the genitals, to arouse or satisfy a sexual desire,
3. A lewd fondling of someone else, and
4. Knowingly exposing your genitals to someone else in a way that is likely to cause affront or alarm.

The law only applies to conduct that is done either:

• In a public place, or
• Where it is reasonably expected to be seen by a member of the public.

Public indecency therefore comprises public urination since it involves knowingly exposing your genitals to the public.²

What are the penalties for public urination?

A public urination conviction under CRS 18-7-301 is a petty offense carrying:

• up to 10 days in jail and/or
• up to $300 in fines.³

Note that public indecency – which includes peeing in public – is a relatively new crime. Before it was made law in 2010, public urination could be prosecuted as a serious sex offense requiring sex offender registration.⁴

How do I defend against the charges?

From our extensive experience fighting public indecency charges, our criminal defense team has been able to get public urination charges dismissed by arguing:

1. You were falsely accused;
2. You were the victim of mistaken identity; or
3. You were suffering from a medical episode beyond your control, such as a seizure.

Public indecency is a strict liability crime; therefore, it is not a defense that:

• you were unaware that the public could see you; or
• you had no intention to cause alarm.⁵

Is public urination legal in Denver?

No. In 2017, the Denver City Council reduced the penalties for public urination and defecation from a maximum of one year in jail and $999 in fines down to a maximum of 60 days in jail. Despite what some articles say online, peeing in public remains against the law in Denver.⁶

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