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4th Judicial DA Office: allegations of ‘obscene’ books in school libraries insufficient for criminal charges

EL PASO COUNTY, Colo. (KRDO) - The 4th Judicial District Attorney's Office (DA) has determined that there is insufficient evidence of criminal activity and will not pursue charges concerning the allegations made by groups alleging books in various schools across El Paso County schools for promoted and possessed “obscene materials.”

The letter sent to the DA references multiple books in El Paso County schools with clear sexual excerpts and images, which these conservative groups say are “pornographic.” The groups that sent the letter believe the obscene material “rises to the level of criminal behavior” and violates federal and state laws.

The DA's office conducted a comprehensive, legal review after receiving the complaint. He found multiple issues with the complaint, citing standards of obscenity he felt that the books didn't necessarily meet.

"While the books cited in your letter are clearly offensive to some members of this community and perhaps others in the State of Colorado, they do not rise to the level of criminally obscene material. Engaging the immense power of this office to prosecute individuals for promotion of obscenity to minors, based on certain books being available in school libraries, would be an unethical abuse of power. The question of whether those books should even be available in school libraries is one that school boards are equipped and mandated to take on."

4th Judicial District DA Michael Allen

The DA's office said they will not be commenting further on this matter but, encourage concerned members of the community, school board members, and district administrators to work together for the benefit of students.

The letter sent by the DA's office can be read in its entirety below.

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Emily Arseneau

Emily is the Digital Content Director for KRDO NewsChannel 13 Learn more about her here.

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