Promotion of Obscenity to a Minor Attorney in Douglas County: What is Promotion of Obscenity to a Minor?
Across Denver, Aurora, Englewood and everywhere else in Colorado, laws governing sexual offenses are often hard to understand. In many cases, people are unaware that certain sexual conduct constitutes a felony. For example, when sexual conduct involves providing or sharing pornography or obscene material with children or teens, it becomes a felony. The crime of sharing obscene material with minors in Colorado is known as Promotion of Obscenity to a Minor, C.R.S. 18-7-102(2.5)(a). Call a Promotion of Obscenity to a Minor lawyer immediately if facing charges.
Promotion of Obscenity to a Minor Attorney in Douglas County: What is Promotion of Obscenity to a Minor?
The definition of Promotion of Obscenity to a Minor, C.R.S. 18-7-102 (2.5) (a), in Douglas County, Arapahoe County and across Colorado is:
“A person commits promotion of obscenity to a minor if, knowing its 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.”
Promotion of Obscenity to a Minor – Attorney Definition of Promote and Obscene in Colorado
To better understand the definition of Promotion of Obscenity to a Minor, it's important to understand the definitions of “promote” and “obscene”. By definition, to “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.” Further, the definition of “obscene” is:
“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) 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.”
Sex Offender Registration Required in Adams County for Promotion of Obscenity to a Minor
If convicted of Promotion of Obscenity to a Minor in Adams County, Jefferson County or anywhere else in Colorado, you must register as a sex offender. C.R.S. 16-11.7-102 defines who is a sex offender. But, oddly enough, those convicted of Promotion of Obscenity to a Minor are not on that list. In other words, you must register as a sex offender, but you won't be considered a sex offender by law. Additionally, sex offender treatment may or may not be required.
Promotion of Obscenity to a Minor Consequences in Colorado: How Promotion of Obscenity to a Minor is Sentenced
Promotion of Obscenity to a Minor is a class 6 felony in Denver, Englewood, Aurora and across Colorado. A class 6 felony can result in up to 18 months in the Colorado Department of Corrections. And, it can result in up to $100,000 in fines. We think Promotion of Obscenity to a Minor consequences are too harsh. Especially because men and women are often supposed to guess what qualifies as “obscene”. Watching an R-rated movie with your child could be considered obscene. A child coming across an explicit magazine could be considered obscene. More often than not, men and women aren't aware of how easy it is to face charges of felony Promotion of Obscenity to a Minor or what constitutes felony behavior. Even providing access to online pornography might qualify. Felony charges for this sexual offense seem severe considering no sexual contact has to occur and considering the frequency of which children are exposed to obscene material today.
Wholesale Promotion of Obscenity to a Minor – A Related Crime in Colorado
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” is different than to “promote”. 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 Colorado.
Facing Charges of Promotion of Obscenity to a Minor?
Call a Promotion of Obscenity to a Minor Lawyer at Sawyer Legal Group
If facing charges of Promotion of Obscenity to a Minor in Denver, act fast. Consult an experienced Promotion of Obscenity to a Minor lawyer immediately. You can't afford to risk sex offender registration. Neither can you afford to risk a lengthy prison sentence upon a conviction of Promotion of Obscenity to a Minor. Get a team of experienced criminal defense attorneys on your side who understand criminal law well and will fight with everything they have for your future.