- 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:
- An act of sexual intercourse; or
- (Deleted by amendment, L. 2010, (HB 10-1334), ch. 359, p. 1707, § 1, effective August 11, 2010.)
- 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
- A lewd fondling or caress of the body of another person; or
- 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.
- [ Editor’s note: This version of subsection (2) is effective until March 1, 2022.] (a) Except as otherwise provided in paragraph (b) of this subsection (2), public indecency is a class 1 petty offense.
(b) Public indecency as described in paragraph (e) of subsection (1) of this section is a class 1 misdemeanor if the violation is committed subsequent to a conviction for a violation of paragraph (e) of subsection (1) of this section or for a violation of a comparable offense in any other state or in the United States, or for a violation of a comparable municipal ordinance.
(2) [ Editor’s note: This version of subsection (2) is effective March 1, 2022. ] Public indecency is a petty offense.
- (Deleted by amendment, L. 2010, (HB 10-1334), ch. 359, p. 1707, § 1, effective August 11, 2010.)
Source: L. 71: R&RE, p. 453, § 1. C.R.S. 1963: § 40-7-301. L. 2008: (1)(d) amended and (1)(e) and (3) added, p. 1716, §§ 1, 2, effective July 1. L. 2010: Entire section amended, (HB 10-1334), ch. 359, p. 1707, § 1, effective August 11. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3194, § 269, effective March 1, 2022.
Editor’s note: Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.