Have you been charged with the crime § 18-7-102 18-7-102 Colorado? This is a serious charge and demands immediate legal representation and guidance. The Law Offices of Decker & Jones know how to successfully defend a §18-7-102 18-7-102 Colorado charge in the State of Colorado to protect your innocence.
What to do if Charged?
1. Do not contact the accuser
You may be tempted to contact the accuser to try and resolve the issue directly. Do not contact the accuser. All correspondence before and after the incident can and will be used against you. A lawyer should be representing you in all stages to ensure that nothing hurts the defense case.
2. Do not destroy evidence
You may think that destroying any evidence in your possession will help your defense case. However tampering with evidence will almost always backfire against the defendant. Prosecutors have many resources to recover evidence that you think has been completely destroyed. When the evidence is presented in negotiations or at trial, it will make you look more guilty if you tried to destroy it beforehand. Tampering with evidence is also a crime in itself, which can be added on top of the sentence you could receive for 18-7-102 Colorado
3. Contact an experienced attorney
When you are charged with 18-7-102 Colorado, it is critical to exercise your right to an attorney. Your life is on the line and The Law Offices of Decker & Jones are prepared to defend your case. Contact us immediately at 303-573-5253 – even if you have not been charged yet. You need a defense team working in your corner to combat the prosecution ASAP.
The Basics Of § 18-7-102 18-7-102 Colorado
See below to read the law pertaining to § 18-7-102 18-7-102 Colorado
The Law
Reference the definitions from § 18-7-102 for details on the terminology
Definitions
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§ 18-7-102
(1)(a) Except as otherwise provided in subsection (1.5) of this section, a person commits wholesale promotion of obscenity if, knowing its content and character, such person wholesale promotes or possesses with intent to wholesale promote any obscene material.
(b) Wholesale promotion of obscenity is a class 1 misdemeanor.
(1.5)(a) A person commits wholesale promotion of obscenity to a minor if, knowing its content and character, such person wholesale promotes to a minor or possesses with intent to wholesale promote to a minor any obscene material.
(b) Wholesale promotion of obscenity to a minor is a class 6 felony.
(2)(a) Except as otherwise provided in subsection (2.5) of this section, a person commits promotion of obscenity if, knowing its content and character, such person:
(I) Promotes or possesses with intent to promote any obscene material; or
(II) Produces, presents, or directs an obscene performance or participates in a portion thereof that is obscene or that contributes to its obscenity.
(b) Promotion of obscenity is a class 2 misdemeanor.
(2.5)(a) A person commits promotion of obscenity to a minor if, knowing its content and character, such person:
(I) Promotes to a minor or possesses with intent to promote to a minor any obscene material; or
(II) Produces, presents, or directs an obscene performance involving a minor or participates in a portion thereof that is obscene or that contributes to its obscenity.
(b) Promotion of obscenity to a minor is a class 6 felony.
(3) Repealed by Laws 1986, H.B.1127, § 8.
(4) A person who possesses six or more identical obscene materials is presumed to possess them with intent to promote the same.
(5) This section does not apply to a person who possesses or distributes obscene material or participates in conduct otherwise proscribed by this section when the possession, participation, or conduct occurs in the course of law enforcement activities.
(6) This section does not apply to a person’s conduct otherwise proscribed by this section which occurs in that person’s residence as long as that person does not engage in the wholesale promotion or promotion of obscene material in his residence.
§ 18-7-101 Definitions
As used in this part 1, unless the context otherwise requires:
(1) “Material” means anything tangible that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound, or in any other manner, but does not include an actual three-dimensional obscene device.
(1.5) “Minor” means a person under eighteen years of age.
(2) “Obscene” means material or a performance that:
(a) The average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex;
(b) Depicts or describes:
(I) Patently offensive representations or descriptions of ultimate sex acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality; or
(II) Patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, or covered male genitals in a discernibly turgid state; and
(c) Taken as a whole, lacks serious literary, artistic, political, or scientific value.
(3) “Obscene device” means a device including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs.
(4) “Patently offensive” means so offensive on its face as to affront current community standards of tolerance.
(5) “Performance” means a play, motion picture, dance, or other exhibition performed before an audience.
(6) “Promote” means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same.
(6.5) “Prurient interest” means a shameful or morbid interest.
(7) “Simulated” means the explicit depiction or description of any of the types of conduct set forth in paragraph (b) of subsection (2) of this section, which creates the appearance of such conduct.
(8) “Wholesale promote” means 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.
(9) If any of the depictions or descriptions of sexual conduct described in this section are declared by a court of competent jurisdiction to be unlawfully included herein, this declaration shall not invalidate this section as to other patently offensive sexual conduct included herein.
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“My husband Johnny was convicted of a serious offense after a jury trial. He was represented by a lawyer who did not prepare the case. I remember each time I went with Johnny to court, it was like he was in court by himself. This lawyer shouldn’t have been called a lawyer. Due to this lawyer’s lack of preparation, Johnny was convicted and faced a minimum mandatory sentence to prison of 32 years to life. Thankfully, a friend referred us to David. David put 100 percent into the case and was able to get Johnny’s conviction reversed. David communicated well with the family and put all his efforts and professionalism into the case from beginning to the end. David was truly on Johnny’s side and it showed. With David’s help, Johnny went from facing the rest of his life in prison to serving a much shorter sentence instead. We are so grateful we got David on Johnny’s side. He truly saved his life. Wife Who Almost Lost her Husband Forever.” – Francine
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