In this post we’re going to strip down to the bare facts and expose the naked truth about whether it is legal to be naked in public in Colorado.
Before we dive in, let’s be clear: this isn’t an invitation to bare it all in the Centennial State. It’s a simply cheeky exploration of the laws that govern public exposure of private parts. More nudity puns to follow:
In Colorado, the law regarding public nudity is a bit like a bikini – it covers the essentials but leaves a lot to the imagination. The state law doesn’t explicitly mention public nudity. However, it does have laws against ‘indecent exposure’ and ‘public indecency’. According to Colorado Revised Statutes Section 18-7-302, a person commits indecent exposure if they knowingly expose their genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm. Any kind of public sex act, or exposing one’s self for sexual gratification is a major no-no. The indecent exposure statute makes it clear it is illegal when a person “… knowingly exposes his or her genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person with the intent to arouse or to satisfy the sexual desire of any person;”
We also can’t forget about CRS 18-7-301, the statute against public indecency, it reads as follows:
(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) (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.
So, if you’re thinking of streaking through the streets of Denver, you might want to reconsider. Unless you’re looking for a free ride in a police car and a potential misdemeanor on your record, it’s best to keep your ‘Rocky Mountain oysters’ under wraps. Keep in mind, some of these issues might be questions that will ultimately be answered by a jury. For example, you may get charged, and then try to prove in court your bits weren’t causing “affront or alarm”.
But wait, there’s more! Colorado’s cities and counties have their own ordinances. You need to peruse the local laws in the municipality in which you reside before you work on those tan lines. My hometown of Boulder, known for its liberal leanings, has a law on the books that allows women to go topless in public. Yes, you read that right! Boulder is a city that supports gender equality, even when it comes to baring chests.
In contrast, the city of Fort Collins had a law banning women from going topless, which was challenged in court. The 10th Circuit Court of Appeals ruled in favor of ‘Free the Nipple,’ stating that the law was discriminatory. The Judge found it was an equal protection issue, stating, “the naked female breast is seen as disorderly or dangerous because society, from Renaissance paintings to Victoria’s Secret commercials, has conflated female breasts with genitalia and stereotyped them as such. The irony is that by forcing women to cover up their bodies, society has made naked women’s breasts something to see.”
Now, let’s discuss a recent real-world example from the ‘Naked Pumpkin Run,’ a Halloween tradition in Boulder where participants run naked except for a carved pumpkin on their heads. This event has seen its share of legal troubles. In 2009, participants were threatened with charges of indecent exposure, which could lead to registering as sex offenders. The event has since been toned down, with participants now typically wearing underwear or strategically placed duct tape.
So, is it legal to be naked in public in Colorado? The answer is a resounding ‘it depends.’ It depends on where you are, how much you’re showing, and even your intent. The law is a bit like a game of strip poker – it’s all fun and games until someone loses their pants.
Remember, folks, this blog post is meant to be a humorous exploration of Colorado’s public nudity laws and not legal advice. If you’re considering going au naturel in public, consult with a legal professional in your specific location first. Or better yet, just keep your clothes on. It’s less complicated, and you won’t scare the wildlife.
Until next time, stay dressed, Colorado!