People v. Graves

4 1 We granted the People's petition for a writ of certiorari to review an order of the Adams County District Court concluding that the "lewd fondling or caress" provision of Colorado's public indecency statute is unconstitutionally overbroad and vague. We reverse. Because the provision does not burden a substantial amount of constitutionally protected speech or expressive conduct, the provision is not unconstitutionally overbroad. Moreover, because the defendant's conduct in this case meets any reasonable definition of "lewd fondling or caress," the statute is not vague as applied to his…