Presenting obscene material to a minor is charged as Promotion of Obscenity to a Minor in Denver, Douglas, and Arapahoe County. A teacher was recently pulled from class and put on leave after showing Youtube videos related to sex ed that was not approved by the district. According to the report, the videos were ‘highly offensive and inappropriate.' The videos on the content creator's channel often require an age confirmation and have a disclaimer that the videos may be inappropriate for younger viewers. The teacher is under investigation, and if the videos are deemed as ‘obscene' the teacher could face criminal charges. If this had occurred at a high school in Denver, Castel Rock, or Aurora, the teacher could be facing Promotion of Obscenity to a Minor charges. 

Adams County Obscenity Lawyer: Definition of Promotion of Obscenity to a Minor as Sex Ed in Jefferson County 

The Adams and Jefferson County, Colorado law definition of Promotion of Obscenity to a Minor – C.R.S. 18-7-102(2.5) – is:  

(2.5) (a) 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.

Obscenity is defined as a material or 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;

The video would not have to show sexual actions, but even descriptions of sexual acts would be covered under this statute. 

Sentence for Promotion of Obscenity to a Minor in Arapahoe and Douglas County 

In Douglas and Arapahoe County, Promotion of Obscenity to a Minor is a class 6 felony, punishable by 12 to 18 months in the Douglas County Jail and up to $100,000 in fines.  

If you or a loved one has been charged with an Obscenity crime, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O'Malley Law Office at 303-830-0880. Together, we can protect your future.

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