Supreme Court of Colorado

People v. Graves

February 29, 20162016 CO 15

Summary

The court reversed the district court and held that the public-indecency statute's prohibition on a "lewd fondling or caress" is neither unconstitutionally overbroad nor vague as applied to Graves. Construed in context, the provision reaches only overtly sexualized conduct in public, and Graves's conduct plainly fell within that prohibition. The court therefore concluded that the statute did not substantially burden protected expression and provided Graves fair warning of the charged conduct.