Sexually Explicit Material Harmful to Children in Colorado – CRS 18-7-502
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:
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:
(1) It shall be unlawful for any person knowingly to sell or loan for monetary consideration to a child:
(a) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to children; or
(b) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (a) of this subsection (1), or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to children.
(2) It shall be unlawful for any person knowingly to sell to a child an admission ticket or pass, or knowingly to admit a child to premises whereon there is exhibited a motion picture, show, or other presentation which, in whole or in part, depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to children or to exhibit any such motion picture at any such premises which are not designed to prevent viewing from any public way of such motion picture by children not admitted to any such premises.
(3) It shall be unlawful for any child falsely to represent to any person mentioned in subsection (1) or (2) of this section, or to his agent, that he is eighteen years of age or older, with the intent to procure any material set forth in subsection (1) of this section, or with the intent to procure his admission to any motion picture, show, or other presentation, as set forth in subsection (2) of this section.
(4) It shall be unlawful for any person knowingly to make a false representation to any person mentioned in subsection (1) or (2) of this section, or to his agent, that he is the parent or guardian of any juvenile, or that any child is eighteen years of age or older, with the intent to procure any material set forth in subsection (1) of this section, or with the intent to procure any child’s admission to any motion picture, show, or other presentation, as set forth in subsection (2) of this section.
(5) It shall be unlawful for any person knowingly to exhibit, expose, or display in public at newsstands or any other business or commercial establishment frequented by children or where children are or may be invited as part of the general public:
(a) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to children; or
(b) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (a) of this subsection (5), or explicit verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to children.
(6) A violation of any provision of this section is a class 2 misdemeanor.
C.R.S. 18-7-502.
C.R.S. 18-7-502.
C.R.S. 18-7-502(1)
C.R.S. 18-7-502(6). Prior to March 1, 2022, class 2 misdemeanor penalties included 3 to 12 months in jail and up to $1,000 in fines. SB21-271.
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