C.R.S. § 18-7-301 – “Public Indecency” – Colorado Law & Penalty

Colorado Revised Statute § 18-7-301 C.R.S. makes it a petty offense to commit public indecency. This includes exposing your genitals or your intimate body parts in public. The law also prohibits having sex or lewdly fondling someone in public.

As a petty offense, a public indecency conviction carries up to 10 days in jail and/or up to $300 in fines. Examples of public indecency include:

• Having intercourse while at a park.
• Urinating on a telephone pole.
• Flashing your breasts on the street because you get a sexual thrill from it.
• Touching your date’s crotch in a movie theater.

In this article, our Denver criminal defense attorneys address the following topics regarding public indecency laws in Colorado:

• 1. Elements
• 2. Defenses
• 3. Penalties
• 4. Related Offenses
• Frequently Asked Questions
• Additional Reading

1. Elements

For you to be convicted of public indecency under C.R.S. 18-7-301, Colorado prosecutors must prove beyond a reasonable doubt that you committed either of the following four acts in public or where you should reasonably expect the public could see you:

1. Having sexual intercourse,
2. Exposing your intimate body parts (your breast, buttocks, anus, or pubic area, but not your genitals) in order to arouse or satisfy the sexual desire of you or someone else,
3. Knowingly exposing your genitals in a way that will likely cause affront or alarm even if you had no intent to scare or offend anyone, and
4. Lewdly fondling or caressing someone in an overtly sexual, offensive, and lustful manner. This does not include hugging, kissing, holding hands, or breastfeeding an infant.¹

Public indecency is a less serious crime than indecent exposure, which is knowingly exposing your genitals with the intent to arouse the sexual desires of any person. You can be convicted of public indecency for exposing your genitals even if you had no sexual intent.

2. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people accused of sex offenses such as public indecency. In our experience, the following five defenses have proven very effective with prosecutors and judges at getting C.R.S. 18-7-301 charges dismissed.

1. You were falsely accused.
2. The exposure was an accident and unintentional.
3. You are a victim of mistaken identity (which is common when the actual perpetrator wore a mask).
4. There was no exposure of your intimate parts or genitals, and the police were mistaken.
5. Your genital exposure was not likely to cause affront or alarm.

Violating C.R.S. 18-7-301 is a petty offense in Colorado.

3. Penalties

Public indecency is a petty offense in Colorado. Under C.R.S. 18-7-301, a conviction can carry up to:

• 10 days in jail and
• $300 in fines.²

Sex Offender Registration

Prior to March 1, 2022, sex offender registration was required in Colorado when you were convicted of either:

• public indecency by exposing your genitals for the second time in five years or
• a third or subsequent offense of public indecency by exposing your genitals.

However, due to a change in law, sex offender registration is no longer required.³ If you are currently on the registry for public indecency, contact an attorney about applying to get off the registry.

Immigration Consequences

A conviction for public indecency can be deportable, especially if it is not your first offense. Even if you plead guilty to avoid jail or to use a diversion program, it can constitute a “conviction” under federal immigration law.

Record Seals

Petty offense convictions can be sealed one year after your case ends. If your case gets dismissed, you can petition for a seal right away.⁴

Learn how to seal Colorado criminal records.

4. Related Offenses

• Disorderly conduct (C.R.S. 18-9-106)
• Indecent exposure (C.R.S. 18-7-302)
• Unlawful sexual contact (C.R.S. 18-3-404)

A public indecency conviction can be sealed from your Colorado criminal record one year after the case closes.

Frequently Asked Questions

Can I be charged with public indecency for non-sexual acts?

Yes. While C.R.S. 18-7-301 focuses on sexual conduct and exposure, many Colorado cities have municipal codes that are broader. In some jurisdictions, like Westminster, local public indecency ordinances can technically include “expectoration” (spitting in public) or other “offensive” non-sexual behaviors.

Additionally, common pranks like “mooning” or “streaking” at sporting events are frequently charged as public indecency under the “affront or alarm” clause.

What is “lewd” behavior in Colorado?

The Colorado Revised Statutes do not provide a strict definition for “lewd.” Because the term is subjective, whether an act like fondling, caressing, or exposure is “lewd” often depends entirely on the discretion of the police officer on the scene or the District Attorney filing the charges.

This means that behavior one person considers “passionate PDA” (public displays of affection) in a park or hotel lobby could be interpreted by a prosecutor as “lewd fondling.”

Can I be charged if I am clothed but simulating a sexual act?

Yes. Under the “lewd fondling or caress” subsection of the law, physical nudity is not always required. If a person engages in overtly sexualized motions or simulated sex in a public place that causes others “affront or alarm,” law enforcement in counties like Denver, Arapahoe, and Jefferson may still issue a citation for public indecency.

Is there a difference between being charged under state law vs. city municipal code?

Yes. While the state law is a petty offense, many cities (such as Denver, Aurora, or Boulder) have their own local versions of the law. If you are charged under a municipal ordinance, your case will be heard in a city court rather than a county court.

While the penalties are often similar (fines and short jail stays), the specific definitions of what constitutes “indecency” can vary slightly from one city to the next.

What happens if I am convicted of public indecency a second time?

While a first-time conviction for public indecency is a petty offense and does not require sex offender registration, a second conviction—specifically for exposing genitals—within five years can be much more severe. It can escalate to a class 1 misdemeanor.

More importantly, a second conviction may trigger oversight by the Sex Offender Management Board (SOMB). This can lead to mandatory, intensive, and invasive treatment programs that go far beyond a simple fine or a few days in jail.

Is “topless gardening” or sunbathing public indecency?

This depends on intent. In Colorado, exposing “intimate parts” (which includes breasts) is only a crime if done with the intent to arouse or satisfy sexual desire. If a person is simply gardening or sunbathing without sexual intent, it does not meet the criteria for the state statute.

However, if a neighbor complains, police may still investigate to determine if the conduct was meant to cause “affront or alarm.”

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Revealing the Bare Uncertainties of Indecent Exposure – Columbia Journal of Law & Social Problems.
• Criminal Law and Procedure: Indecent Exposure: Nudism – Michigan Law Review.
• Criminal Sanctions against Nude Sunbathing in California – Criminal Justice Journal.
• Constitutional Law-Cruel or Unusual Punishment-Indeterminate Sentence with No Maximum Term for a Second Offense of Indecent Exposure is so Disproportionate to the Crime as to Violate the Cruel or Unusual Punishment Provision of the California Constitution – Loyola of Los Angeles Law Review.
• Indecent exposure: a serious ‘nuisance’ offence – Women’s History Review.

Legal References: