Did you know that possessing obscene material around a minor is a felony offense? It was surprising to me when I first heard that, and I wonder if the man who was recently arrested for that very thing knew the potential punishment related to his actions. According to the news report, the man was arrested and is being held on $75,000 bond for three counts of displaying and/or distributing pornographic material to a minor. A report was made and initially, the investigators were looking at the case as a potential sexual abuse of a child. Throughout the investigation it became clear there was no physical sexual abuse of the children, but some pornographic material was found and the minors alleged the man gave it to them.
Larimer County Promotion of Obscenity to a Minor Lawyer: What is the Definition of Promoting Obscenity to a Minor?
The Colorado law definition of Obscenity – C.R.S. 18-7-102 (2.5) (a) – is:
(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.
Two very important definitions needed to understand this statue are ‘promote’ and ‘obscene.’ Promote means:
Obscene is defined as:
(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; and
(c) Taken as a whole, lacks serious literary, artistic, political, or scientific value.
Basically, Promotion of Obscenity to a Minor is charged when a child views or is in possession of any manner of pornography via an adult. If only this covered obscenity available to kids on the internet.
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Loveland Promotion of Obscenity to a Minor Attorney: What is the Punishment / Sentence for This Crime?
As a class 6 felony in Larimer, Boulder, and Grand County, 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. The punishment for this crime is very harsh. The reasoning behind it is that lawmakers and the public are worried that the people charged with this crime are predators and that this is just the first step. In reality, it could just be an adult brother giving his under aged brother some pornographic magazines and the younger boy gets caught with them at school and admits that his brother gave them to him. While his actions were not smart or healthy, it still seems like an extensive punishment when that is the situation.