Photo Of Kyle B. Sawyer
Photo Of Kyle B. Sawyer

Charged With A Crime? It Doesn’t Mean You’re Guilty.

Watch an X Rated Movie with a Child? Register as a Sex Offender

On Behalf of | Aug 28, 2015 | Sex Offender Registration |

Colorado’s sex offender’s laws are a complicated maze which can make any experienced criminal defense attorney blurry eyed. On top of that, some of the rules and regulations men and women must live under in Denver and Jefferson County don’t make any sense. Did you know, for example, that if you lend a sexually explicit magazine or watch a racy x rated movie with a child, you can be charged and convicted of Promotion of Obscenity to a Minor and be required to complete Colorado Sex Offender Registration?

Why Must a Movie be a Sexual Crime?

While this crazy law is predictable as our legislators pass laws in fear of criticism, it just doesn’t make sense. Men and women are not letting kids watch inappropriate movies because they are sexual deviants. They are just normal people who have made a mistake in judgment.

Here is the course we take to get to this absurd result: C.R.S. 18-7-102 is the statute defining Obscenity, including Promotion of Obscenity to a Minor. That includes letting kids see sexually explicit and obscene materials. Next, we look to C.R.S. 16-22-103, which defines who must register as a Sex Offender. The two main categories are those convicted of crimes defined as Unlawful Sexual Behavior, at C.R.S. 16-22-102(9), and Unlawful Sexual Offense, at C.R.S. 18-3-411. Within the list of Unlawful Sexual Behavior crimes is Promotion of Obscenity to a Minor. So, you must register as a Sex Offender if you are convicted of this crime. Fortunately, you should not be required to complete sex offender treatment because technically you are not a sex offender.

Not a Sex Offender? You Must Register as a Sex Offender Anyway

Now in case you are not yet blurry eyed yourself, consider this: even though you will be required to register as a sex offender in Adams and Arapahoe County, you are not legally a sex offender! Yes, you heard right. C.R.S. 16-11.7-102 defines who is legally a sex offender and persons convicted of Promotion of Obscenity to a Minor are not on the list. Wow! What were our legislators thinking when they passed these laws? They are requiring people who have not really acted in any way like a sex offender to register as sex offenders. And, they were not ignorant to the consequences of registration. Everyone in the world can find your name on the Colorado Sex Offender Registry. They will draw the conclusion that you are a sex offender and that you committed some heinous act of sexual deviance. Give thanks to your elected state house representative and the governor.

Our criminal defense attorneys have the knowledge to untangle the mess of Colorado’s sex offender laws in Douglas and Boulder County. Don’t be a victim of these unfair rules and regulations. Always keep silent when the police contact you and call our lawyers at 303-731-0719, 24/7. Together, we can protect your future.