Colo. Rev. Stat. » Title 18
Colorado Revised Statutes

Colo. Rev. Stat. § 18-7-301 (2024)

Public indecency

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
Find cases: SyfertCases citing this section CO-LEGleg.colorado.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(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

(b) (Deleted by amendment, L. 2010, (HB 10-1334), ch. 359, p. 1707, § 1, effective August 11, 2010.)

(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.

(2) Public indecency is a petty offense.

(3) (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.

Notes of Decisions
Cited in 8 cases, 2003–2020 · leading case: People v. Graves, 2016 CO 15.
Sort: Relevance Newest Treatment
People v. Graves, 2016 CO 15. · cites it 58× “section 18-7-301, the Public Indecency statute, was unconstitutionally vague and overbroad and affirmed the county court’s dismissal of that charge as unconstitutional.”
People v. Graves, 2016 CO 15, 368 P.3d 317. · cites it 13× “section 18-7-301, the Public Indecency statute, was unconstitutionally vague and overbroad and affirmed the county court's dismissal of that charge as unconstitutional.”
in the Interest of D.C. —, 2019 COA 22. · cites it 8× “Interpreting the public indecency statute, § 18-7-301(1), C.R.S. 2018, the division concludes that the residents, staff, and teachers at the Division of Youth Corrections’ facility are “members of the public” for purposes of the statute and, thus, sufficient evidence established…”
People v. Graves, 2016 CO 15. · cites it 116× “section 18-7-301, the Public Indecency statute, was unconstitutionally vague and overbroad and affirmed the county court’s dismissal of that charge as unconstitutional.”
People v. Hoskay, 87 P.3d 194 (Colo. Ct. App. 2003). “The trial court refused the instruction, instead submitting instructions limited to the language of § 18-7-301(1) and $ 18-1-901(8)(n). In addition, the court instructed the jury that the offense of public indecency is a strict liability crime.”
v. Lopez, 2020 COA 119, 471 P.3d 1285. · cites it 2× “” § 18-7-301(1)(e), C.R.S. 2019. A public place is “a place to which the public or a substantial number of the public has access, and includes but is not limited to .”
In re D.C., 439 P.3d 72 (Colo. Ct. App. 2019). · cites it 6× “I. Sufficiency of the Evidence ¶3 D.C. argues the prosecution failed to establish that the DYC classroom, where D.”
People v. Riley, 433 P.3d 43 (Colo. Ct. App. 2016). · cites it 2× “§ 18-7-301(1)(e), C.R.S.2015. ¶ 12 The prosecutor objected on the basis that the deputy, rather than defendant, had pulled up defendant's shirt to expose defendant's genitals.”
Colo. Rev. Stat. § 18-7-301(1): 6 cases
People v. Graves, 2016 CO 15. “section 18-7-301, the Public Indecency statute, was unconstitutionally vague and overbroad and affirmed the county court’s dismissal of that charge as unconstitutional.”
in the Interest of D.C. —, 2019 COA 22. “Interpreting the public indecency statute, § 18-7-301(1), C.R.S. 2018, the division concludes that the residents, staff, and teachers at the Division of Youth Corrections’ facility are “members of the public” for purposes of the statute and, thus, sufficient evidence established…”
People v. Graves, 2016 CO 15, 368 P.3d 317. “section 18-7-301, the Public Indecency statute, was unconstitutionally vague and overbroad and affirmed the county court's dismissal of that charge as unconstitutional.”
People v. Hoskay, 87 P.3d 194 (Colo. Ct. App. 2003). “The trial court refused the instruction, instead submitting instructions limited to the language of § 18-7-301(1) and $ 18-1-901(8)(n). In addition, the court instructed the jury that the offense of public indecency is a strict liability crime.”
People v. Graves, 2016 CO 15. “section 18-7-301, the Public Indecency statute, was unconstitutionally vague and overbroad and affirmed the county court’s dismissal of that charge as unconstitutional.”
Colo. Rev. Stat. § 18-7-301(1)(c): 3 cases
People v. Graves, 2016 CO 15. “section 18-7-301, the Public Indecency statute, was unconstitutionally vague and overbroad and affirmed the county court’s dismissal of that charge as unconstitutional.”
People v. Graves, 2016 CO 15, 368 P.3d 317. “section 18-7-301, the Public Indecency statute, was unconstitutionally vague and overbroad and affirmed the county court's dismissal of that charge as unconstitutional.”
People v. Graves, 2016 CO 15. “section 18-7-301, the Public Indecency statute, was unconstitutionally vague and overbroad and affirmed the county court’s dismissal of that charge as unconstitutional.”
Colo. Rev. Stat. § 18-7-301(1)(d): 3 cases
People v. Graves, 2016 CO 15. “section 18-7-301, the Public Indecency statute, was unconstitutionally vague and overbroad and affirmed the county court’s dismissal of that charge as unconstitutional.”
People v. Graves, 2016 CO 15, 368 P.3d 317. “section 18-7-301, the Public Indecency statute, was unconstitutionally vague and overbroad and affirmed the county court's dismissal of that charge as unconstitutional.”
People v. Graves, 2016 CO 15. “section 18-7-301, the Public Indecency statute, was unconstitutionally vague and overbroad and affirmed the county court’s dismissal of that charge as unconstitutional.”
Colo. Rev. Stat. § 18-7-301(1)(e): 4 cases
v. Lopez, 2020 COA 119, 471 P.3d 1285. “” § 18-7-301(1)(e), C.R.S. 2019. A public place is “a place to which the public or a substantial number of the public has access, and includes but is not limited to .”
in the Interest of D.C. —, 2019 COA 22. “Interpreting the public indecency statute, § 18-7-301(1), C.R.S. 2018, the division concludes that the residents, staff, and teachers at the Division of Youth Corrections’ facility are “members of the public” for purposes of the statute and, thus, sufficient evidence established…”
People v. Riley, 433 P.3d 43 (Colo. Ct. App. 2016). “§ 18-7-301(1)(e), C.R.S.2015. ¶ 12 The prosecutor objected on the basis that the deputy, rather than defendant, had pulled up defendant's shirt to expose defendant's genitals.”
In re D.C., 439 P.3d 72 (Colo. Ct. App. 2019). “I. Sufficiency of the Evidence ¶3 D.C. argues the prosecution failed to establish that the DYC classroom, where D.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.