What Counts as a “Lewd Act” Under Colorado Law in 2025?

Being charged with a “lewd act” in Colorado can carry serious legal, personal, and social consequences. But what does that term really mean under Colorado law? Unlike some other states, Colorado doesn’t define “lewd act” as a standalone criminal charge. Instead, the phrase is often used to describe certain conduct prosecuted under statutes like indecent exposure (CRS §18-7-302), public indecency (CRS §18-7-301), and other sexually related offenses.

These types of charges can stem from actions that occur in public or in situations where someone claims to have been unwillingly exposed to sexual behavior. And while some people might view a lewd act charge as a “minor” or “embarrassing” situation, the reality is that these offenses can lead to jail time, mandatory sex offender registration, and lasting damage to your personal record. At The Law Office of James Colgan, we represent clients across Northglenn and the greater Denver area who are facing accusations of this nature. Understanding what qualifies as a lewd act in 2025 is the first step toward protecting your rights.

What the Law Considers a “Lewd Act” in Colorado

While there is no statute that defines “lewd act” specifically, the term is commonly used to describe a range of behaviors that prosecutors may interpret as sexually offensive or inappropriate. These acts are typically charged under broader statutes like indecent exposure or public indecency. Here are some examples of conduct that may be prosecuted as a lewd act in Colorado:

• Indecent Exposure: Knowingly exposing one’s genitals to another person, especially with the intent to arouse or gratify sexual desire. Even if no one else was present, if someone later reports the exposure or feels victimized, charges can still be filed.
• Public Indecency: Performing a sexual act, fondling, or exposing oneself in a place where others can see—such as a park, parking lot, or even inside a vehicle. The key element is that the act must be visible to or experienced by the public.
• Lewd Conduct in Front of a Minor: Any sexual behavior witnessed by a child, even unintentionally, can elevate the charges and increase the penalties. Courts treat these cases with particular seriousness, especially if the accused has a prior criminal record.
• Sexual Acts in a Public Space: Even when both parties are consenting adults, engaging in sexual conduct in a public place may still result in criminal charges if someone else witnesses the act and finds it offensive.

Each of these examples falls under different sections of the criminal code but may be described by law enforcement or prosecutors as “lewd conduct” or “lewd behavior.” The term itself is subjective, which means that even misunderstandings or exaggerated accounts can lead to formal charges.

Legal Penalties for Lewd Acts in Colorado

A conviction for a lewd act in Colorado can have life-changing implications. Penalties vary depending on the type of charge, your criminal history, and whether the alleged act involved a child or prior offenses. Some potential consequences include:

• Fines: First-time misdemeanor offenses may result in hundreds or even thousands of dollars in fines.
• Jail Time: Even a petty offense like public indecency can carry up to six months in jail. More serious charges like indecent exposure with prior convictions can lead to years in prison.
• Sex Offender Registration: In certain cases—especially if the incident involved a minor or multiple offenses—you may be required to register as a sex offender, potentially for life.
• Probation or Treatment: Courts may order sex offense-specific probation, counseling, or participation in a treatment program as part of the sentence.

In addition to these formal penalties, many people suffer reputational harm, job loss, difficulty securing housing, and strained relationships with friends and family. A single incident can affect every area of your life if not handled correctly.

Defending Against Lewd Acts Charges in Colorado

The good news is that being accused does not mean you are guilty. There are several legitimate defenses that can be raised in cases involving lewd or indecent conduct. Some of the most common legal strategies include:

• Lack of Intent: If you did not mean to arouse, offend, or commit a sexual act in public, the prosecution may struggle to prove the mental state required for conviction.
• False Accusations: Personal conflicts, misunderstandings, or mistaken identity can lead to baseless charges. Witness accounts are not always reliable.
• No Public Exposure: If the act occurred in a private space and was not visible to the general public, charges under public indecency may not be applicable.
• Procedural Errors: If police failed to follow proper protocol, lacked probable cause, or violated your rights, key evidence may be excluded in court.

At The Law Office of James Colgan, we closely examine every detail of your case to determine whether the evidence supports the charge or if your rights were violated. Often, the initial police report includes assumptions that don’t hold up under scrutiny.

In many cases, our clients are people who never imagined themselves facing criminal accusations. We work to preserve your dignity, protect your record, and seek the best resolution possible—whether that’s a dismissal, reduced charges, or alternative sentencing.

Contact Us Today to Discuss Your Options

If you’re facing charges related to lewd conduct in Northglenn or anywhere in the Denver metro area, it’s critical to speak with a defense attorney immediately. Early intervention can dramatically improve your chances of a favorable outcome. At The Law Office of James Colgan, we provide skilled, compassionate legal defense for clients accused of indecent exposure, public indecency, and other sexually related charges.

We understand that these cases are often complex, personal, and emotionally charged. You deserve an advocate who will take your case seriously, treat you with respect, and fight for your rights in and out of the courtroom. Contact us today for a confidential consultation and take the first step toward clearing your name and rebuilding your future.