C.R.S. § 18-7-102 – Promotion of Obscenity to a Minor

As used in this part 1, unless the context otherwise requires:
(1) “Material” means anything tangible that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound, or in any other manner, but does not include an actual three-dimensional obscene device.
(1.5) “Minor” means a person under eighteen years of age.
(2) “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 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.
(3) “Obscene device” means a device including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs.
(4) “Patently offensive” means so offensive on its face as to affront current community standards of tolerance.
(5) “Performance” means a play, motion picture, dance, or other exhibition performed before an audience.
(6) “Promote” means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same.
(6.5) “Prurient interest” means a shameful or morbid interest.
(7) “Simulated” means the explicit depiction or description of any of the types of conduct set forth in paragraph (b) of subsection (2) of this section, which creates the appearance of such conduct.
(8) “Wholesale promote” means to manufacture, issue, sell, provide, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, or to offer or agree to do the same for purpose of resale.
(9) If any of the depictions or descriptions of sexual conduct described in this section are declared by a court of competent jurisdiction to be unlawfully included herein, this declaration shall not invalidate this section as to other patently offensive sexual conduct included herein.

(1)
(a) 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.
(b) Wholesale promotion of obscenity is a class 1 misdemeanor.
(1.5)
(a) 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.
(b) Wholesale promotion of obscenity to a minor is a class 6 felony.
(2)
(a) 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:
(I) Promotes or possesses with intent to promote any obscene material; or
(II) Produces, presents, or directs an obscene performance or participates in a portion thereof that is obscene or that contributes to its obscenity.
(b) Promotion of obscenity is a class 2 misdemeanor.
(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.
(b) Promotion of obscenity to a minor is a class 6 felony.
(3) Repealed.
(4) A person who possesses six or more identical obscene materials is presumed to possess them with intent to promote the same.
(5) This section does not apply to a person who possesses or distributes obscene material or participates in conduct otherwise proscribed by this section when the possession, participation, or conduct occurs in the course of law enforcement activities.
(6) This section does not apply to a person’s conduct otherwise proscribed by this section which occurs in that person’s residence as long as that person does not engage in the wholesale promotion or promotion of obscene material in his residence.