Public Urination in Colorado: Is it Considered a Crime?

What is Defined as Public Urination?

According to JBKL, public urination may seem minor, but in Colorado, it is a crime that can result in up to ten days in jail and a $300 fine [1]. Under Colorado law, public urination is classified as public indecency because it involves exposing one’s genitals in a manner likely to cause offense or alarm. To be convicted, the act must occur in a public place or in an area where it is reasonably expected that others might see it.

Importantly, public indecency is a strict liability crime in Colorado, meaning that intent is not required. You can be convicted even if you were unaware that you were in a public place or that others could see you.

If you are convicted of public indecency, including public urination, two or more times, the charge escalates to a class 1 misdemeanor, which can carry up to 2 years in jail and may require sex offender registration.

In the past, one public indecency conviction for urinating in public could lead to a person having to register as a sex offender. Fortunately, that was changed in 2010

Public Indecency and Public Urination in Colorado (CRS 18-7-301)

According to SCLG, 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 [2].

Public urination is classified as a petty offense, punishable by up to 10 days in jail and/or a fine of up to $300.

What Constitutes Public Indecency Under CRS 18-7-301?

Colorado’s public indecency statute prohibits the following:

• Engaging in sexual intercourse in public,
• Lewdly exposing intimate body parts (excluding genitals) to satisfy or arouse sexual desires,
• Lewdly fondling another person, and
• Knowingly exposing genitals in a way likely to cause affront or alarm.

These actions are illegal if they occur in a public place or in a setting where they could reasonably be seen by the public, making public urination a violation of this law.

Understanding Indecent Exposure and Public Indecency Laws in Colorado

The terms indecent exposure and public indecency are often used interchangeably, but they are actually two separate crimes in the state of Colorado. Public indecency is considered a minor offense that is not as serious as indecent exposure [3].

Definition of Indecent Exposure in Colorado

In Colorado, a person can be charged with indecent exposure for either exposing their genitals to another person or engaging in public masturbation. These acts qualify as indecent exposure when done in a manner that causes offense or alarm to others, even if the individuals are not face-to-face. If your actions are visible to the public, you could be charged with this crime.

Indecent Exposure vs. Public Indecency in Colorado

While indecent exposure and public indecency are often confused, they are distinct crimes in Colorado. Public indecency is considered a less severe offense and involves acts such as engaging in sexual intercourse, exposing intimate body parts (excluding genitals), fondling, or caressing another person in public.

Both offenses may involve exposing genitals, but the key difference lies in intent. Indecent exposure occurs when genitals are exposed with the intent to satisfy sexual desire, whereas public indecency involves exposure without this intent. For instance, a man who exposes himself while urinating outside a bar due to intoxication would likely face charges of public indecency, not indecent exposure, as his intent was not sexual.

Breastfeeding, though it technically involves exposing an intimate body part, is protected under Colorado law, allowing mothers to breastfeed in any public or private place without facing criminal charges.

Related Articles:

• Can Sex Offenders Get a Passport?
• Public Urination Law and Legal Definition
• Which Countries Can Sex Offenders Travel To?

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References:
1. https://www.jbkatzlaw.com/criminal-defense/public-urination/
2. https://www.shouselaw.com/co/blog/criminal-defense/is-it-a-crime-to-urinate-in-public-in-colorado/
3. https://www.denvercocriminaldefenselawyer.com/blog/the-current-laws-of-indecent-exposure-in-colorado/