As sex crimes defense attorneys in Denver and across Colorado, we frequently hear of sex crime cases where a child has made a sex offense allegation against an older adult. In fact, in one news story I read today, an adult was accused of a sex crime by an 11-year-old. Apparently, the child said the 38-year-old man talked her into watching pornography with him more than three years ago. According to a probable cause statement, the man denied the accusations the girl made against him. The girl also told police he made her undress on his bed. She claimed he asked her to touch him, but she didn't say the man touched her. According to police, the two were inside of a home when the events occurred. In Denver and Adams County, and across Colorado, this man could face charges of Promotion of Obscenity to a Minor and Enticement of a Child.

Watching Pornography with a Child in Colorado: Promotion of Obscenity to a Minor

In Denver County and Jefferson County, Promotion of Obscenity to a Minor, C.R.S. 18-7-102(2.5)(a), is charged when, knowing its content and character, a person:

• promotes to a minor or possesses with intent to promote to a minor any obscene material; or
• 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.

To understand more of how the man in the news story could be charged with Promotion of Obscenity to a Minor in Colorado, it's important to know the definitions of the terms “promote” and “obscene”. 18-7-101(6) defines promote as:

“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.”

If the man truly did make the girl watch pornography with him, it would be considered promoting (providing) obscene material. Obscene material involves material that:

1. The average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex;
2. 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 of 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
3. Taken as a whole, lacks serious literary, artistic, political, or scientific value.

From the definition of obscene, it's clear that pornography would be considered obscene material. The 11-year-old also qualifies as a minor (18-7-101(1.5)) since she was under eighteen years of age. So, if the man truly did persuade the 11-year-old to watch pornography with him, he could face charges of Promotion of Obscenity to a Minor.

Enticement of a Child in Arapahoe County

Enticement of a Child, C.R.S. 18-3-305, is charged in Arapahoe and Douglas County whenever a person invites or persuades, or attempts to invite or persuade, a child under the age of fifteen years to enter any vehicle, building, room, or secluded place with the intent to commit sexual assault or unlawful sexual contact upon said child. The 11-year-old accused the 38-year-old of asking her to touch him and making her undress on his bed. If those allegations are true, he could face charges of Enticement of a Child for inviting or persuading her to enter a secluded place (his bedroom) to commit sexual assault or unlawful sexual contact.

Why You Need the Best Sex Crimes Defense Attorneys in Denver

Sexual assault accusations are made by children for many different reasons in Denver and across Colorado. In many cases, the accusations they make are false. That's why you should always consult an experienced sex crimes defense lawyer if a child has accused you of a sexual offense in Littleton, Aurora, Highlands Ranch, or anywhere else in Colorado. There's too much at stake if you don't.

If you or someone you love has been charged with Enticement of a Child or Obscenity in Denver County, Jefferson County or Douglas County, be smart, exercise your right to remain silent and contact our criminal defense attorneys at 303-830-0880, or submit the “Get Help Now” form. Together, we can protect your future.