According to the news, a 37-year-old Secret Service employee was arrested and charged after sending sexual content to a minor. The agent was employed by the USSS Uniformed Division and was assigned to the White House. He was accused of sending pictures of his exposed / erect penis to a girl he believed was 14 years of age. The 14-year-old girl was actually an undercover police detective. In Denver and Adams County, the Secret Service employee could be charged with Promotion of Obscenity to a Minor.
Promotion of Obscenity to a Minor Law in Arapahoe County
Promotion of Obscenity to a Minor, C.R.S. 18-7-102(2.5)(a), is charged in Arapahoe County whenever someone, knowing its content and character, 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. A minor is anyone under the age of eighteen years. Since the Secret Service agent was accused of sending an image of his erect penis to someone he believed was 14 years old (a minor), he could be charged for promoting or possessing with intent to promote to a minor any obscene material.
Boulder Promotion of Obscenity to a Minor Attorney Defines “Obscene”
In Boulder and Jefferson County, obscene material 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 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
c) Taken as a whole, lacks serious literary, artistic, political, or scientific value.”
Because the Secret Service agent allegedly sent an image of his genitals in a state of sexual stimulation or arousal, it would qualify as obscene material in Colorado.
Aurora Promotion of Obscenity to a Minor Defense Attorney: Obscenity Charges Are Harsh
In the sex obsessed culture we live in today, it's not difficult to be accused or charged with this sexual offense. For example, think of the 18-year-old who sends his 17-year-old girlfriend an obscene text message, and gets charged more harshly because his girlfriend is a minor. Promotion of Obscenity to a Minor is a class 6 felony in Aurora and Denver, Colorado. A conviction of Promotion of Obscenity to a Minor could lead to sex offender registration and up to six years in the Colorado Department of Corrections. Because there is so much at stake for your future, you need an experienced Promotion of Obscenity to a Minor lawyer to fight hard for you. Our sex crimes defense attorneys have over 25 years of experience and have the skills necessary to protect your future.Request a Free Consultation