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Photo Of Kyle B. Sawyer

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

Promotion Of Obscenity To A Minor

Promotion Of Obscenity To A Minor Jefferson County Lawyer – When Videos And Magazines Become A Felony

Colorado’s sex offender laws are difficult to follow. Citizens have no knowledge that some conduct is a felony, particularly when it involves pornography. Porn has become so mainstream that it is socially acceptable in most circles. Now, providing or making pornography available to a child – even 16 or 17 years old, is a felony. The crime is called Jefferson County Promotion of Obscenity to a Minor, C.R.S. 18-7-102. What does this vaguely written law encompass? Will even an X-rated or NC-17 rating qualify if you let your child view it? Read more and we will see (or at least formulate a guess!).

Arapahoe County Lawyer For Promotion Of Obscenity To A Minor: Vague Getting More Vague

A law works its purpose to prevent certain conduct when citizens are aware of the law and it is clear. Yet once again, Colorado lawmakers have blown it. With the Promotion of Obscenity to Minor charges in Aurora and Arapahoe County, men and women will be truly surprised when they are charged with a felony.  They must guess whether or not their conduct is a crime.  Why?  The law is simply too vague.

Definition Of Promotion Of Obscenity To A Minor In Aurora And Centennial

The Colorado law definition of Obscenity – C.R.S. 18-7-102 (2.5) (a) – is:

“A person commits promotion of obscenity to a minor if, knowing it’s content and character, such person:

(I) Promotes to a minor or possesses with intent to promote to a minor any obscene material; or

(II) Produces, presents, or directs an obscene performance involving a minor or participates in a portion thereof that is obscene or that contributes to its obscenity.

Two very important definitions needed to understand this statue are ‘promote’ and ‘obscene.’ Promote means:

“to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same.”

Obscene is defined as:

“Material or performance that:

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

(b) Depicts or describes:

(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.”

Denver Parents Must Guess What Is A Crime With Promotion Of Obscenity To A Minor

Essentially, you must guess whether or not the conduct in question is obscene. An X-rated movie may or may not be. An R rated movie may or may not be. This statute makes letting kids watch sexually explicit and obscene materials a felony. Magazines or videos in your closet might qualify if a child finds them. Men and women are not sharing inappropriate movies or magazines because they are sexually deviant. They are just normal people who have made a mistake in judgment – based on community standards at the time.

Sex Offender Registration For Promotion Of Obscenity To A Minor In Douglas County? Yes.

The crime of the Promotion of Obscenity to a Minor requires sex offender registration. It is designated an Unlawful Sexual Behavior crime. However, C.R.S. 16-11.7-102 defines who is legally a sex offender, and people convicted of the Promotion of Obscenity to a Minor are not on the list. So, you must register as a Sex Offender if you are convicted of this crime (even though technically you are not a “sex offender” by virtue of this conviction). Sex offender treatment may or may not be required, depending on who you talk to in this vague and ambiguous world of sex offenses. Thank your lawmakers.

Punishment/Sentence For Promotion Of Obscenity To A Minor Conviction In Boulder And Colorado Springs

Promotion of Obscenity to a Minor is charged when a child views or is in possession of any manner of pornography via an adult. Upon conviction, the accused will obtain a class 6 felony in Boulder and Colorado Springs. It is punishable by 12 to 18 months in the Colorado Department of Corrections and up to $100,000 in fines. This punishment is very harsh – particularly when you consider it can be a crime of omission vs. commission. The reason is that lawmakers are worried that those people charged are predators and that this crime is just the first step. They forget it could just be a young adult making pornography available to a sibling. A felony conviction and sex offender registration seem extreme considering no sexual contact occurred. A misdemeanor would be more appropriate.

Our criminal defense attorneys can help you untangle the messy Colorado sex offender laws in Douglas and Elbert County. Don’t be a victim of sloppy government rules and regulations. Always remain silent when the police contact you and then call Sawyer Legal Group, LLC, at  303-731-0719. Together, we can protect your future.

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