Yes, It's Legal!
At our Denver GoTopless events, we always stress the following Guidelines:
- No blocking traffic
- No "flash for cash" solicitations
- No sexual contact
- No sexual conduct (i.e., no purposeful intent to arouse)
What are the laws?
Denver's ordinances regarding public indecency all pertain to public sexual contact, and those regarding indecent exposure pertain to genitals and buttocks. Colorado indecency statutes include breasts only as related to public sexual contact:
Chapter 38 Offenses, Miscellaneous Provisions
Article V - Offenses Relating To Morals
Division 2 - Offenses Relating To Sex
Sec. 38-157 through 38-157.1
(a) It shall be unlawful for any person to perform an act of public indecency.
(b) Any person commits public indecency 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:
(1) An act of sexual intercourse;
(2) An act of deviate sexual intercourse;
(3) Insertion of one (1) or more fingers or other object into the vagina or anus;
(5) Caressing or fondling of the genitals of another person;
(6) Patently offensive representations or imitations of sexual intercourse, masturbation or excretory functions accompanied by exhibition of the genitals;
(7) Lewd fondling or caressing of the body of another person.
(Code 1950, § 802.11)
(a) It shall be unlawful for a person to commit an act of indecent exposure.
(b) A person commits an act of indecent exposure if they knowingly expose their genitals or buttocks to the view of any person under circumstances which are likely to cause a reasonable person affront or alarm.
(Ord. No. 967-99, § 1, 12-20-99)
(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.