Aurora elementary school officials are suspending a first grader for singing the lyrics to an LMFAO song. Reportedly, the six year old came up to a female classmate while in the lunch line and began dancing in front of her while singing the song “I'm Sexy and I Know It.” School administrators of the Adams and Arapahoe County school districts are suspending him for three days for “sexual harassment.” Schools in counties like Denver, Jefferson, Douglas, Larimer and Weld County define sexual harassment as a type of behavior that has “negative effects on the learning or work of others.” They may also interpret childish behavior as more serious juvenile sex crimes, like Internet Sexual Exploitation of a Child (CRS 18-3-405.4), Unlawful Sexual Contact (CRS 18-3-404), or Sexual Assault on a Child (CRS 18-3-405).

The boy's mother has given several statements defending him. She has been quoted as saying that the accusations would be understandable if he was fondling the girl or trying to look up her skirt. She has said that giving a small child the label of sex offender is unfair for something so trivial. This little boy will now have the social stigma of being a sexual offender at six years old. This may impact his future education at other schools in cities like Denver, Englewood, Arvada, Littleton, Westminster, Broomfield, or other across the Front Range.

This offense seems laughable, but sexual offense punishments are not. They are judged with the most severe penalties in mind. Conviction of a sex crime means indeterminate prison sentencing, supervision by the Colorado Sex Offender Management Board (SOMB), and registering as a sex offender.

If your child is facing problems with school administrators or police regarding sex offenses or some type of sexually offending behavior, be smart, and exercise their right to remain silent. Contact the experienced criminal defense attorneys at the O'Malley Law Office at 303-830-0880. Together, we can protect your child's future.