Colorado § 18-7-501 Definitions

Colorado Statutes

§ 18-7-501 — Definitions

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

As used in this part 5, unless the context otherwise requires:

(1)Child means a person under the age of eighteen years.

(2)Harmful to children means that quality of any description or representation, in whatever form, of sexually explicit nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:

(a)Taken as a whole, predominantly appeals to the prurient interest in sex of children;

(b)Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for children; and

(c)Is, when taken as a whole, lacking in serious literary, artistic, political, and scientific value for children.

(3)Knowingly means having general knowledge of, or reason to know, or a belief or ground for belief which warrants fur

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As used in this part 5, unless the context otherwise
requires:

(1) Child means a person under the age of eighteen years.

(2) Harmful to children means that quality of any description or
representation, in whatever form, of sexually explicit nudity, sexual conduct, sexual
excitement, or sadomasochistic abuse, when it:

(a) Taken as a whole, predominantly appeals to the prurient interest in sex of
children;

(b) Is patently offensive to prevailing standards in the adult community as a
whole with respect to what is suitable material for children; and

(c) Is, when taken as a whole, lacking in serious literary, artistic, political, and
scientific value for children.

(3) Knowingly means having general knowledge of, or reason to know, or a
belief or ground for belief which warrants further inspection or inquiry, or both, of:

(a) The character and content of any material described herein which is
reasonably susceptible of examination; and

(b) The age of the child; however, an honest mistake shall constitute an
excuse from liability hereunder if a reasonable bona fide attempt is made to
ascertain the true age of such child.

(4) Sadomasochistic abuse means actual or explicitly simulated
flagellation or torture by or upon a person who is nude or clad in undergarments, a
mask or bizarre costume, or the condition of being fettered, bound, or otherwise
physically restrained on the part of one so clothed.

(5) Sexual conduct means actual or explicitly simulated acts of
masturbation, sexual intercourse, sodomy, or physical contact in an act of apparent
sexual stimulation or gratification with a person's clothed or unclothed genitals,
pubic area, buttocks, or, if such be female, breast.

(6) Sexual excitement means the condition of human male or female
genitals when in a state of sexual stimulation or arousal.

(7) Sexually explicit nudity means a state of undress so as to expose the
human male or female genitals, pubic area, or buttocks with less than a full opaque
covering, or the showing of the female breast with less than a fully opaque covering
of any portion thereof below the top of the areola, or the depiction of covered or
uncovered male genitals in a discernibly turgid state.

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