In Weld County, Wholesale Promotion of Obscenity is located at C.R.S. 18-7-102, and occurs when someone has possession of obscene material and then knowing what it is, acts 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.” This means that to Wholesale Promote, is different than just promoting obscenity or pornography.
What is the Definition of Obscenity in Greeley, Colorado?
The Definition of Obscenity in Greeley, Colorado, is a legal term that describes sexually related conduct done by an individual, which an average person would think appeals to a prurient interest in sex. It depicts offensive sexual acts as a whole and lacks serious literary, artistic, political, or scientific value. Many would describe it as lewd or indecent. Most often, the charge of Obscenity is thought of as pornography, however, in Colorado it includes other forms of erotic content.
What is Considered Obscene in Weld County?
As stated above, anything which an average person in Weld County would consider patently offensive can be considered Obscene. It is important to note that this includes sexual intercourse, sexual bestiality, sodomy or any depiction of either genders’ genitals. Most people do not realize that this can extend to any sexual depiction in art, video, pictures or books and could lead to an Obscenity charge in Weld County.
What is Wholesale Promotion of Obscenity to a Minor in Greeley Colorado?
In Greeley, Colorado, to be convicted of Wholesale Promotion of Obscenity to a Minor, the following would have to be proven: that the accused, knowing an item’s content and character, manufactured, issued, sold, provided, mailed, delivered, transferred, transmitted, published, distributed, circulated, disseminated an obscene item to a minor, or possessed with intent to do the same, for the purpose of resale. If they had 6 or more copies of the same obscene material, it is presumed that they intended to promote them.
What is the Difference Between Promotion of Obscenity to a Minor in Weld County and Wholesale Promotion of Obscenity to a Minor?
In Weld County there are two related and very similar sexual offenses: Promotion of Obscenity to a Minor and Wholesale Promotion of Obscenity to a Minor.
Wholesale Promotion of Obscenity to a Minor occurs whenever someone, at a fairly high level, tries to distribute or sell Obscene material to a child, for resale.
Promotion of Obscenity to a minor is also a criminal offense, and it involves lower-level production, directing, or acting in, and promoting of the same to a minor. There is no resale requirement. Promoting obscene material to anyone under the age of 18 satisfies this crime.
What are the Penalties for Wholesale Promotion of Obscenity in Greeley, Colorado?
In Greeley, Colorado, if the Wholesale Promotion of Obscenity charge does not involve a minor, it is considered a class 1 misdemeanor. The penalties if convicted for this offense are a fine of up to $5,000 and up to 18 months spent in jail.
A Wholesale Promotion of Obscenity (or just Promotion of Obscenity) charge that involves a minor is a class 6 felony. If convicted, the penalties include a fine up to $100,000 and up to 18 months spent in the Colorado Department of Corrections. Also, if convicted of Promotion of Obscenity to a Minor, you would have to register as a sex offender. You can learn more about that here.
If you or a loved one have been charged with Promotion of Obscenity to a Minor or Wholesale Promotion of Obscenity, remember your right to remain silent and call the best criminal defense attorneys who will fight for your future. Call the O’Malley Law Office today at 970-616-6009. Together, we can protect your future.
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