Colorado § 18-7-101 Definitions

Colorado Statutes

§ 18-7-101 — Definitions

Colorado·Title 18 Criminal·Art. Offenses Relating to Morals

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 offensi

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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.

Colorado § 18-7-101 (Definitions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 81: Entire part R&RE, p. 998, � 1, effective July 1. L. 86: (2)(b)(II) and (4) amended and (6.5) added, p. 782, � 1, effective April 21. L. 94: (1.5) added, p. 1720, � 16, effective July 1.