I imagine that it can be hard to get middle school students interested in a world cultures class. So, when one teacher found a video that would relate to something his class was learning, I’m sure he was excited to share it. However, it seems he wasn’t very careful when he plugged his iPad into the classroom projector as what showed on the screen was probably not related to the day’s lesson. Instead of showing the intended video, what popped up on the big screen was pornography. Now, it is unknown whether it was something the teacher had been previously viewing, if he accidentally clicked on the wrong video or if it was just an annoying and inappropriate pop-up. Whatever the circumstances surrounding the unsuitable video viewing, it could land him in trouble with the law. While the school is investigating the allegations at this time, the teacher is surely in hot water. If this had occurred in Greeley, Erie, or Evans, the teacher could be facing multiple Promotion of Obscenity to a Minor charges – a felony in Weld County, Colorado.
Weld County Promotion of Obscenity to a Minor Lawyer: What is the Definition of Obscenity Promotion to Children?
Under the Obscenity statute – C.R.S. 18-7-102 – Promotion of Obscenity to a Minor is defined as:
(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.
Now, this is where the accidental portion of the story comes into play. First of all, did the teacher know that the pornography was going to play? If not, then when he plugged in his iPad he did not technically know the content and character of what his students were viewing. He may have viewed it himself at some point, but that does not mean he intentionally knew that video was going to play. If he had never viewed the video and accidentally clicked on a bad link, then he was unknowing of the content and character of the video, so it would be hard to prove that he promoted obscene materials to his class. No one is saying that the video did not show something obscene, it is more about the intent behind the video presentation.
What is the Sentence / Punishment for Promotion of Obscenity to a Minor in Greeley?
As a class 6 felony in Weld, Morgan, and Logan County, Promotion of Obscenity to a Minor is punishable by 12 to 18 months in the Colorado Department of Corrections and up to $100,000 in fines. The problem I see with the case above is that the teacher is in a position of trust and most people do not want to believe that an accident like that can just be accident because children were involved. I don’t think anyone would argue that what happened was ok, but should the teacher lose his teaching career and spend time in prison for an accident? It seems that his response time was fast and the inappropriate material was removed from the student’s view as quickly as possible. That doesn’t mean the students were not introduced to something they may not have seen before, but, in my opinion, it doesn’t seem like the teacher was intentionally showing his students obscene materials, which is a necessary element of this crime. A Greeley criminal defense attorney would have a good argument to prevail at a jury trial.
If you or someone you love has been charged with Promotion of Obscenity to a Minor, be smart, exercise your right to remain silent, and contact the best Greeley criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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