News outlets in Arapahoe and Denver County love reporting on stories involving inappropriate relations between a teacher and student. A female high school teacher pled guilty to Promotion of Obscenity to a Minor after she was charged for sending sexually explicit letters and text messages to one of her students. According to the news report, the teacher's husband claimed his wife and the student had a physical sexual relationship, but both refuted those claims. While the letters, texts, and Twitter messages led investigators to believe the relationship was physical, both the student and the teacher claimed that it was just fantasy talk. The student said they had discussed advancing the relationship, but only after she turned 18.
Douglas County Promotion of Obscenity Charges: What is the Definition of Promotion of Obscenity to a Minor in Jefferson County?
The Douglas County and Jefferson County, Colorado law definition of C.R.S. 18-7-102(2.5) – Promotion of Obscenity to a Minor – 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.
‘Obscene' basically means anything sexual in nature that would be found indecent when applied to the contemporary community standards. Based on the information provided in the article, there was no question that the letters contained material that would be considered obscene under the law. In our experience, the intent piece is a vital part of this statute. We have seen people charged with this crime for accidentally exposing a child to obscene material – having no intent to promote the obscenity. It does not seem that this argument would apply to the teacher above, but intent is an important aspect to consider in any case.
Sentence for Promotion of Obscenity to a Minor in Aurora or Centennial
As a class 6 felony in Aurora, Centennial, and Commerce City, Promotion of Obscenity to a Minor is punishable by 12 to 18 months in the Colorado Department of Corrections and up to $100,000 in fines. Additionally, a Promotion of Obscenity to a Minor conviction could require a person to register as a sex offender.Request a Free Consultation