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Obscene Material in Pornography – Denver and Douglas County, Colorado Lawyer

| Apr 5, 2017 | Pornography |

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Wholesale Promotion of Obscenity to a Minor in Douglas County, Colorado – A Defense Attorney’s Analysis in Colorado Pornography

A related sexual offense to Promotion of Obscenity to a Minor in Colorado, is Wholesale Promotion of Obscenity to a Minor, C.R.S. 18-7-102(1)(b). Wholesale Promotion of Obscenity to a Minor occurs whenever someone, knowing its content and character, wholesale promotes to a minor or possesses with intent to wholesale promote to a minor any obscene material. To “wholesale promote” this pornography is different than to “promote” it. To wholesale promote means to “manufacture, issue, sell, provide, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, or to offer or agree to do the same for purpose of resale.” Wholesale Promotion of Obscenity to a Minor is a class 6 felony in Douglas County, Colorado.

Denver and Jefferson County, Colorado, Wholesale Promotion of Obscenity to a Minor

To some extent, you can remember this crime as a pornography money-maker crime. No longer are we talking about an adult who shares pornography for free with a child. That is what might occur in Promotion of Obscenity to a Minor in Colorado, a misdemeanor. Different in this case, they are selling it or creating it, with the intent of benefitting financially, through eventual resale. Wholesale Promotion of Obscenity to a Minor includes someone with obscene material who mails it, emails it, or delivers it to someone or a child, with the intent it will get to a child eventually.

What is the Definition of Obscene Material in Arapahoe County, Colorado? Aurora Criminal Defense Lawyer Explains

In order to understand the law above, we must look at what is obscenity or obscene in the pornography context.

“Obscene” means material or a performance that:

(a) The average person, applying contemporary community standards, would find that taken as a whole, appeals to the prurient interest in sex;

(b) Describes or depicts:

(I) Patently offensive representations, or descriptions of ultimate sex acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality; or

(II) Patently offensive representations, or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, or covered male genitals in a discernibly turgid state; and

(c) Taken as a whole, lacks serious literary, artistic, political or scientific value.

This definition originally came from the United States Supreme Court and has been adopted by the Colorado Supreme Court and lawmakers concerning pornographic material and pornography.  Read more on the definition of obscenity.

In many cases, men and women charged with crimes involving obscene material like Wholesale Promotion of Obscenity to a Minor, have constitutional defenses. Call the best free speech and obscenity attorneys at 303-731-0719. Together, we can protect your future.

Image Credit: Pixabay – Stevebidmead