Robbins: Think twice before going skinny-dipping
Summer’s coming.
I know, I know. But I promise. It’ll be here soon.
And after a long, cold winter, being bundled like a mummy, you’re anxious to shed a few layers, to feel the warmth of the long hibernating sun, bedazzle pasty skin.
But, whoa, there, in your pent-up enthusiasm, can you go too far? What if, say, a mountain stream suddenly calls to you and, oops, you left your swimsuit in your dresser? Rather than wet your skivvies, can you, in the Centennial State, a state of pioneers and rugged mountain men and women, safely bare it all?
Well, it depends.
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Before you date to bronze your ski-steeled buns, there are some things you should know.
In Colorado, public indecency — of which public nudity may be a part — is covered under the state’s criminal code. What may seem like harmless fun, in fact, could constitute a crime.
In essence, what may be described as criminal indecency is defined as engaging in certain lewd or obscene acts in a public place or where the conduct may reasonably be expected to be observed by others. A skinny dip in Gore Creek near the International Bridge? Well, yeah. But a naked splash somewhere more remote where the passersby are mostly elk and moose and whistle pigs, well, maybe not so much. What the law aims to protect is public decency and to maintain a safe and respectful environment for all, even the more uptight or innocent among us.
The key element of public indecency is that the act occurs in a place where others reasonably may see what they might rather not.
Besides the potential social repercussions (people often don’t take time to parse out one act of public indecency or lewd acts from another; you could be mistaken for something much worse than a skinny-dipper), there can be criminal penalties, some of them shockingly severe. While the typical offense is classified as a misdemeanor, depending on the particular “wheres” and “whats” and “oh mys,” the severity of the charge, particularly if there are aggravating factors (such as being witnessed in the “act” my minors) may ratchet up.
If you’ve been a bad boy or girl twice before, the offense may rise to a felony and fines can reach up to $100,000. Penalties can include — besides potential lock-up in the county jail — fines, probation, mandatory counseling, community service, and the possibility of registering as a sex offender. Yikes and yikes again!
So too, and in addition to the legal consequences, reputations and relationships may be harmed and your employer may be much less than amused. In today’s digital age, wherever faux pas seems to live on into eternity, potential future employers, would-be in-laws, and others may not take the time to delve into what may be facts that are more innocent than they may at first appear.
But wait, before you relive last summer and are now casting in fear over your shoulder waiting gravely for law enforcement’s knock, even if some indiscretions were indulged in, there are defenses to a public indecency charge.
First is a lack of intent. “Hey, notwithstanding that I was smack-dab in the middle of Gore Creek in downtown Vail Village on July 4, I swear I had no idea that there’d be people there!”
Another possibility is lack of exposure. “Yeah, OK, I had my skinny dip on, but the place is so remote, unless some peep-holed through the brambles or stood up on a log to get a view, no one would have ever seen me!”
Privacy rights may afford another defense. “Yeah, yeah, but it was private property!”
And perhaps a little bit more far-fetched, freedom of expression. “It’s my First Amendment right!”
Colorado is known far and wide for its naturally beautiful landscapes. From the Rocky Mountains to its sand dunes and green natural forests. However, if you think that your own “natural landscape” is just as beautiful and should be as openly displayed, you may find yourself at odds with the law.
Colorado law prohibits public nudity and indecently exposing oneself in a sexual manner to alarm or offend others.
However harmless you may think a quick au naturelle dip in a cool, burbling stream might be, think twice. The eyes of others and the law may be upon you.
Rohn K. Robbins is an attorney licensed before the Bars of Colorado and California who practices in the Vail Valley with the Law Firm of Caplan & Earnest, LLC. His practice areas include business and commercial transactions; real estate and development; family law, custody, and divorce; and civil litigation. Robbins may be reached at 970-926-4461 or Rrobbins@CELaw.com. His novels, “How to Raise a Shark (an apocryphal tale),” “The Stone Minder’s Daughter,” “Why I Walk so Slow” and “He Said They Came From Mars (stories from the edge of the legal universe)” and “The Theory of Dancing Mice” are currently available at fine booksellers.
