Obscenity Defense Lawyer in Denver | C.R.S. 18-7-102
What is Obscenity in Denver?
Obscenity can be charged under many circumstances in Denver and Jefferson County, Colorado. For the most part, Obscenity is charged in Denver whenever a person promotes or possesses with the intent to promote any obscene material. But, there are different levels of charges for those who commit Wholesale Promotion of Obscenity, Wholesale Promotion of Obscenity to a Minor, Promotion of Obscenity, and Promotion of Obscenity to a Minor. In many cases, people facing charges of Obscenity have just made a mistake in judgment. Because they're afraid of legal consequences, they sometimes accept a plea deal out of fear. This isn't always the best idea. Instead, if facing any charges of Obscenity, contact an aggressive criminal defense lawyer right away.
The Definition of Obscene in Colorado
To understand the law on Obscenity a little more, it's important to understand the definition of “obscene”. According to C.R.S. 18-7-101, obscene means 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.
Even within this somewhat lengthy definition are terms that are hard to understand, making this law even more complex. The expertise of an Obscenity defense lawyer who specializes in sex crimes is essential when dealing with charges of Obscenity. Below is the statute on Obscenity, where the definition of “obscene” applies.
Wholesale Promotion of Obscenity
Except as otherwise provided in subsection (1.5) of this section, a person commits wholesale promotion of obscenity if, knowing its content and character, such person wholesale promotes or possesses with intent to wholesale promote any obscene material.
Wholesale Promotion of Obscenity to a Minor
A person commits wholesale promotion of obscenity to a minor if, knowing its content and character, such person wholesale promotes to a minor or possesses with intent to wholesale promote to a minor any obscene material.
Promotion of Obscenity
Except as otherwise provided in subsection (2.5) of this section, a person commits promotion of obscenity if, knowing its content and character, such person:
- promotes or possesses with intent to promote any obscene material; or
- produces, presents, or directs an obscene performance or participates in a portion thereof that is obscene or that contributes to its obscenity.
A person commits promotion of obscenity to a minor if, knowing its content and character, such 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.
What is the Sentence for Obscenity in Adams and Jefferson County and Across Colorado?
Type of Obscene Material Promotion
|Wholesale Promotion of Obscenity||Class 1 Misdemeanor Wholesale Promotion of Obscenity||6-18 months in the Adams County Jail|
|Wholesale Promotion of Obscenity to a Minor||Class 6 Felony Wholesale Promotion of Obscenity to a Minor||1 year to 18 months in the Colorado Department of Corrections|
|Promotion of Obscenity||Class 2 Misdemeanor Promotion of Obscenity||3-12 months in the Jefferson County Jail|
|Promotion of Obscenity to a Minor||Class 6 Felony Promotion of Obscenity to a Minor||1 year to 18 months in DOC|
Our Culture is Sexualized – Why You Need an Obscenity Defense Lawyer in Denver
Our culture today is highly sexualized, especially among minors. People are curious, and experiment with different things. However, if they're not careful, their “curious” actions could lead to criminal charges in Denver and Morgan County, and across Colorado. For example, an 18-year-old may have pornographic videos on his computer and show them to a 14-year-old girl. If discovered by police, he could be charged with Obscenity for showing the content to a minor. A conviction of Obscenity can be harmful to anyone's future. You may have a hard time finding a job or even a place to live. If you or someone you love is facing charges of Obscenity in Jefferson, Adams or Douglas County, contact an expert Obscenity defense lawyer today. We fight hard to protect our clients' futures.