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CHAPTER 6: SELECTED CRIMINAL OFFENSES - Table of Contents

6.1 - Overview6.2 - Inchoate Offenses6.3 - Homicide6.4 - Assault6.5 - Domestic Violence6.6 - Other Unlawful Offenses against the person6.7 - Unlawful Sexual Behavior6.8 - Offenses against Property6.9 - Tresspass, Tampering and Mischief6.10 - Offenses involving Fraud6.11 - Offenses involving Family Relations6.12 - Offenses relating to Morals6.13 - Offenses against Government Operations and Public Order6.14 - Offenses relating to Weapons6.15 - Offenses relating to Controlled Substances6.16 - Alcohol/Drug related Traffic Incidents6.17 - Crimes Against Vulnerable Victims6.18 - Computer Crimes6.19 - Identity Theft

6.12 OFFENSES RELATING TO MORALS

The category of offenses relating to morals includes offenses related to obscenity, prostitution, and public indecency. These offenses are described in Article 7 of Title 18.

Obscene material is defined in C.R.S. § 18-7-101(1) and (2) as "anything tangible that is capable of being used … to arouse interest ... that the average person, applying contemporary community standards would find that taken as a whole appeals to the prurient interest in sex" graphically depicts various sexual activity and has no serious literary, artistic or political value. A person commits the crime of wholesale promotion of obscenity, C.R.S. § 18-7-102(1) if the person wholesale promotes or possesses with the intent to wholesale promote, any obscene material. This offense is a class 1 misdemeanor unless the person to whom the material is promoted is a minor, in which case the offense is a 6 felony. A person commits the less serious crime of promotion of obscenity, C.R.S. § 18-7-102(2), if the person promotes or possesses obscene material, or directs or acts in an obscene performance. This offense is a class 2 misdemeanor unless the person to whom the material is promoted is a minor, in which case the offense is a 6 felony.

Prostitution is committed, pursuant to C.R.S. § 18-7-201, when a person performs, offers to perform, or agrees to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation or anal intercourse with a person, not his or her spouse, in exchange for money or other thing of value. Prostitution is a class 3 misdemeanor. A person who commits prostitution knowing that he or she is infected with the acquired immune deficiency syndrome (AIDS) commits a class 5 felony pursuant to C.R.S. § 18-7-201.7. A person who solicits another to commit prostitution commits a class 3 misdemeanor pursuant to C.R.S. § 18-7-202. A person commits pandering if the person, for money or other thing of value, induces another to commit prostitution by menacing or intimidating that person, or arranges a situation in which a person may commit prostitution. Pandering is a class 5 felony if it involves menacing or intimidating the other person, and a class 3 misdemeanor in other situations. Keeping a place of prostitution is a class 2 misdemeanor. Pimping is defined in C.R.S. § 18-7-206, as living, in whole or in part, on money derived from the prostitution of another, and is a class 3 felony.

There are similar offenses that are more serious, outlawing prostitution related conduct involving children. Soliciting for child prostitution is committed, pursuant to C.R.S. § 18-7-402, when a person solicits another for child prostitution, or arranges for an act of child prostitution, or directs another to a place for the purpose of child prostitution. Soliciting for child prostitution is a class 3 felony. A person commits pandering of a child if the person, for money or other thing of value, induces a child to commit prostitution by menacing or intimidating that child, or arranges a situation in which a person may commit child prostitution. Pandering is a class 2 felony if it involves menacing or intimidating the other person, and a class 3 felony in other situations. A person commits procurement of a child, C.R.S. § 18-7-403.5, if the person intentionally gives, transports or otherwise provides a child for the purpose of child prostitution. Procurement of a child is a class 3 felony. Keeping a place of child prostitution is a class 3 felony. Pimping of a child is defined in C.R.S. § 18-7-405 as living, in whole or in part, on money derived from the prostitution of a child, and is a class 3 felony. Inducement of child prostitution is a class 3 felony pursuant to C.R.S. § 18-7-405.5. Patronizing a prostituted child is a class 3 felony pursuant to C.R.S. § 18-7-406.

Public indecency consists of performing in public any act of sexual intercourse or lewd exposure or fondling of the body that is done with the intent of arousing the sexual desire of any person. See C.R.S. § 18-7-301. Public indecency is a class 1 petty offense. Indecent exposure, C.R.S. § 18-7-302, is committed when a person knowingly exposes his genitals to the view of another person under circumstances in which the exposure is likely to affront or alarm the other person. Indecent exposure is a class 3 misdemeanor, unless the person to whom the genitals are exposed is under 15, in which case indecent exposure is a class 3 misdemeanor. A second conviction for indecent exposure is a class 1 misdemeanor, and any subsequent convictions are class 6 felonies.

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