§ 18-7-102 CRS – “Obscenity” Crimes in Colorado

CRS 18-7-102 prohibits the promotion of obscenity in Colorado.

2. When is obscenity a crime in Colorado?

There are four primary obscenity offenses:

2.1. Promotion of obscenity

Under Colorado law, promotion of obscenity is knowingly:

• Promoting – or possessing with intent to promote – any obscene material; or
• Producing, presenting, directing, or participating in an obscene performance

2.2. Promotion of obscenity to a minor

Under Colorado law, promotion of obscenity to a minor is defined as knowingly:

• Promoting – or possessing with intent to promote – any obscene material to a child under 18 years old; or
• Producing, presenting, directing, or participating in an obscene performance involving a child under 18 years old

A class 6 felony, promotion of obscenity to a minor carries 1 year to 18 months in the Colorado Department of Corrections (Prison) and/or $1,000 to $100,000 in fines. In addition, there is a year of mandatory parole. And convicted defendants must register as sex offenders.³

2.3. Wholesale promotion of obscenity

Under Colorado law, wholesale promotion of obscenity is knowingly making, selling, possessing, or distributing obscene materials for the purpose of resale.

A class 1 misdemeanor, wholesale promotion of obscenity carries up to 364 days in jail, and/or up to $1,000 in fines.⁴

3. What are the penalties under CRS 18-7-102?

The sentence for violating Colorado obscenity laws turns on whether children under 18 years old were involved:

4. Do I have to register as a sex offender?

Defendants must register on the Colorado sex offender registry if they get convicted of either:

• Wholesale promotion of obscenity to a minor, or
• Promotion of obscenity to a minor⁷

Wholesale promotion of obscenity to a minor is a felony in Colorado.

5. How can I fight the case?

Three potential defenses to Colorado obscenity charges include:

1. No knowledge. A necessary element of the crime of promoting obscenity is that the defendant is aware of the obscene content or character. So a potential defense is that the defendant genuinely did not realize that he/she was distributing or selling obscene materials. For example, a delivery person hired to transport a box of obscene materials commits no crime if the delivery person is unaware of what is in the box.⁸
2. No obscenity. Reasonable minds can disagree about whether something meets the legal definition of obscene language or representations. Unless prosecutors can prove that the materials or performances in question qualify as obscene, the criminal charges should be dropped.
3. Police misconduct. If law enforcement officers found the obscene materials through an unlawful search, the defense attorneys can ask the Colorado court to suppress them as evidence. If the court agrees, the District Attorney may be left with too weak a case to continue prosecuting.

6. Related offenses

6.1. Sexual exploitation of a child

Sexual exploitation of a child (CRS 18-6-403) is possessing, producing or distributing sexually explicit material involving a minor younger than 18 years of age (child pornography). The sexual exploitation of children is always a felony charge.

6.2. Indecent exposure

Indecent exposure (CRS 18-7-302) is the sexual offense of exposing one’s genitals to another person or masturbating in a public place. A class 1 misdemeanor, penalties for this sex offense include up to 364 days in jail and/or up to $1,000 in fines.

6.3. Disorderly conduct

Disorderly conduct (CRS 18-9-106) comprises breaching the peace, creating a disturbance or fighting in public, or discharging a firearm or displaying a deadly weapon. The crime can be charged as a misdemeanor or a petty offense.

6.4. Sexual assault

Rape (CRS 18-3-402) is any forced or non-consensual act of sexual penetration, such as vaginal, oral, or anal sex. People who are unconscious or drugged cannot give legal consent. The most serious sexual abuse crime, rape is always prosecuted as a felony. Also see our articles on child sexual assault by one in a position of trust (CRS 18-3-405.3) and enticement of a child (CRS 18-3-305).

6.5. Unlawful sexual contact

Unlawful sexual contact (CRS 18-3-404) is non-consensual sexual touching that falls short of rape, such as groping. This unlawful sexual behavior offense can be a misdemeanor or a felony depending on the case. Also see our article on assault crimes, which include unlawful physical contact in the first-degree, second-degree, or third-degree.

6.6. Invasion of privacy for sexual gratification

Invasion of privacy for sexual gratification (CRS 18-3-405.6) is taking intimate photos of a person without such person’s consent. It can be a felony or a misdemeanor depending on the case.

Call our criminal law firm for legal advice.

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