Colorado criminal charge
Obscenity in Colorado
Obscenity is a criminal offense under Colorado law, defined by C.R.S. § 18-7-102. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-7-102.
What is the penalty for obscenity in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 364 days (no statutory minimum) (Wholesale promotion of obscenity — Applies when a person, knowing its content and character, wholesale promotes or possesses with intent to wholesale promote obscene material.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 1000 usd (no statutory minimum) (Wholesale promotion of obscenity — Applies when a person, knowing its content and character, wholesale promotes or possesses with intent to wholesale promote obscene material.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 12 months to 18 months (Wholesale promotion of obscenity to a minor — Applies when a person, knowing its content and character, wholesale promotes or possesses with intent to wholesale promote obscene material to a minor.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Wholesale promotion of obscenity to a minor — Applies when a person, knowing its content and character, wholesale promotes or possesses with intent to wholesale promote obscene material to a minor.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Wholesale promotion of obscenity to a minor — Applies when a person, knowing its content and character, wholesale promotes or possesses with intent to wholesale promote obscene material to a minor.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | up to 120 days (no statutory minimum) (Promotion of obscenity — Applies when a person, knowing its content and character, promotes or possesses with intent to promote obscene material, or produces, presents, or directs an obscene performance.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Promotion of obscenity — Applies when a person, knowing its content and character, promotes or possesses with intent to promote obscene material, or produces, presents, or directs an obscene performance.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 12 months to 18 months (Promotion of obscenity to a minor — Applies when a person, knowing its content and character, promotes or possesses with intent to promote obscene material to a minor, or produces, presents, or directs an obscene performance involving a minor.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Promotion of obscenity to a minor — Applies when a person, knowing its content and character, promotes or possesses with intent to promote obscene material to a minor, or produces, presents, or directs an obscene performance involving a minor.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Promotion of obscenity to a minor — Applies when a person, knowing its content and character, promotes or possesses with intent to promote obscene material to a minor, or produces, presents, or directs an obscene performance involving a minor.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2022-03-01 (SB21-271).
How is obscenity classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Wholesale promotion of obscenity | class 1 misdemeanor | Applies when a person, knowing its content and character, wholesale promotes or possesses with intent to wholesale promote obscene material. | 18-7-102(1)(b) |
| Wholesale promotion of obscenity to a minor | class 6 felony | Applies when a person, knowing its content and character, wholesale promotes or possesses with intent to wholesale promote obscene material to a minor. | 18-7-102(1.5)(b) |
| Promotion of obscenity | class 2 misdemeanor | Applies when a person, knowing its content and character, promotes or possesses with intent to promote obscene material, or produces, presents, or directs an obscene performance. | 18-7-102(2)(b) |
| Promotion of obscenity to a minor | class 6 felony | Applies when a person, knowing its content and character, promotes or possesses with intent to promote obscene material to a minor, or produces, presents, or directs an obscene performance involving a minor. | 18-7-102(2.5)(b) |
Common questions about obscenity in Colorado
Is obscenity a felony or a misdemeanor in Colorado?
It depends on the circumstances: obscenity ranges from a class 2 misdemeanor to a class 6 felony in Colorado under C.R.S. § 18-7-102.
Wholesale promotion of obscenity: class 1 misdemeanor (C.R.S. § 18-7-102(1)(b)) · Wholesale promotion of obscenity to a minor: class 6 felony (C.R.S. § 18-7-102(1.5)(b)) · Promotion of obscenity: class 2 misdemeanor (C.R.S. § 18-7-102(2)(b)) · Promotion of obscenity to a minor: class 6 felony (C.R.S. § 18-7-102(2.5)(b))
What are the penalties for obscenity in Colorado?
Penalties for obscenity in Colorado depend on how it is classified — from a class 2 misdemeanor up to a class 6 felony — with the ranges set by C.R.S. § 18-1.3-501 and C.R.S. § 18-1.3-401; the full table of ranges by variant is published on this page.
Which Colorado statute covers obscenity?
Obscenity is governed by C.R.S. § 18-7-102 (Obscenity).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.