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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0755.01D JGG SENATE BILL 98­143

STATE OF COLORADO

BY SENATORS Arnold, Tebedo, Alexander, Ament, Chlouber, Coffman, Congrove, Duke, Lacy, Mutzebaugh, Powers, and Wells;

also REPRESENTATIVE Musgrave.

JUDICIARY

A BILL FOR AN ACT

CONCERNING THE DEFINITION OF "EROTIC NUDITY" AS IT APPLIES TO THE CRIME OF SEXUAL EXPLOITATION OF CHILDREN.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Changes the definition of "erotic nudity" by repealing the requirement that the display of certain portions of the body be for the purpose of real or simulated overt sexual gratification or stimulation of one or more of the persons involved and requires, instead, that the exhibition be lascivious.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  18­6­403 (2) (d), Colorado Revised Statutes, is amended to read:

18­6­403.  Sexual exploitation of children. (2)  As used in this section, unless the context otherwise requires:

(d)  "Erotic nudity" means the display LASCIVIOUS EXHIBITION of the human male or female genitals or pubic area, the undeveloped or developing genitals or pubic area of the human male or female child, the human breasts, or the undeveloped or developing breast area of the human child. for the purpose of real or simulated overt sexual gratification or stimulation of one or more of the persons involved.

SECTION 2.  Effective date ­ applicability. This act shall take effect July 1, 1998, and shall apply to offenses committed on or after said date.

SECTION 3.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.