In Colorado under CRS 18-7-502, it is a criminal offense to sell or rent to a child any photograph, video, or visual representation of sexually explicit nudity, conduct, or sadomasochistic abuse which is harmful to children.

Providing sexually explicit material to children is a class 2 misdemeanor. The penalties include up to 120 days in jail and/or up to $750 in fines.

In this article, our Colorado criminal defense lawyers will address:

• 1. Elements of the Crime
• 2. Prohibited Materials
• 3. Penalties
• 4. Related Offenses
  • Sexually Explicit Materials Harmful to Children
  • Contributing to the Delinquency of Minor
  • Furnishing Tobacco to a Minor
• Additional Resources

1. Elements of the Crime

It is a Colorado crime to provide sexually explicit material that is harmful to anyone under 18 years old. “Providing” includes:

• selling,
• renting,
• procuring sexually explicit material, or
• selling a child an admission ticket where harmful sexually explicit material will be exhibited.¹

This law applies to not only people but also businesses such as:

• adult toy, video, and book stores,
• video rental shops,
• convenience stores, or
• general bookstores.

It is also a crime to knowingly exhibit, expose, or display prohibited sexually explicit material at any commercial establishment where children may be invited.² In addition, minors may not represent that they are 18 or older with the intent to purchase sexually explicit material.³

2. Prohibited Materials

Prohibited sexually explicit material under CRS 18-7-502 includes representations of a person or portion of the human body that depict

• sexually explicit nudity,
• sexual conduct, or
• sadomasochistic abuse,

which, taken as a whole, is harmful to children. This material can take the form of any:

• picture,
• photograph,
• drawing,
• sculpture, or
• motion picture film.

Prohibited material also includes any book, pamphlet, magazine, printed matter or sound recording which includes explicit or detailed verbal descriptions of:

• sexual excitement,
• sexual conduct, or
• sadomasochistic abuse,

which is harmful to children.⁴

There is not a clear line that defines what sexually explicit material may be harmful to children. People have been accused of obscenity or providing sexually explicit material for selling or displaying:

• classic art,
• cartoons,
• photography books,
• sculptures,
• classic novels, or
• stand-up comedy performances.

3. Penalties

Providing sexually explicit material that is harmful to children is a class 2 misdemeanor. The following chart shows the possible punishments.⁵

Colorado Sentence for Violating CRS 18-7-502
Jail	Up to 120 days
Fines	Up to $750

4. Related Offenses

Dispensing Violent Films to Minors

In Colorado under CRS 18-7-601, providing certain violent films to anyone under the age of 18 can be a criminal offense. This applies to videos that are considered predominantly appealing to an interest in violence with actual violence resulting in injury or death.

Dispensing violent films to minors is a civil infraction with penalties including a fine of up to $1,000.

Contributing to the Delinquency of Minor

In Colorado under CRS 18-6-701, behavior that induces a person under the age of 18 to violate a law, ordinance or court order is considered contributing to the delinquency of a minor.

A conviction can be a felony or a misdemeanor depending on the case.

Furnishing Tobacco to a Minor

It is unlawful in Colorado to give, sell, dispense, distribute, or offer a cigarette, nicotine, or other tobacco product to anyone under the age of 18.

Selling or furnishing tobacco to a minor under CRS 18-13-121 is a civil infraction that carries a fine of $200.

Additional Resources

For more information, refer to the following scholarly articles:

• The Evolution of Obscenity Standards in the Common Law World – Journal of Comparative Law.
• Law and the regulation of the obscene – Handbook of the New Sexuality Studies.
• Obscenity the Law, a Dissenting Voice – Kentucky Law Journal.
• The Pornographic and the Obscene in Legal and Aesthetic Contexts – The Journal of Aesthetic Education.
• The Conceits of Law and the Transmission of the Indecent, Obscene, and Ugly – Journal of Information Ethics.

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Legal References