People v. Simpson — Colorado appeals court upholds obscenity and child-abuse convictions without requiring the jury to view the videos

Case
The People of the State of Colorado v. Shayla Ann Simpson
Court
Colorado Court of Appeals
Judge
Chief Judge Tow
Date Decided
September 3, 2026
Docket No.
24CA1732
Topics
Obscenity; Child abuse; Sufficiency of evidence
Source
Read the full opinion

Background

Shayla Ann Simpson’s husband, Steven Rothbarth, sexually abused Simpson’s daughter, M.S., from ages eight through twelve. The evidence showed that Rothbarth had M.S. watch “daddy-daughter” pornography depicting an older man and younger woman engaged in vaginal and oral sex, purportedly to teach her acts he then committed against her. Simpson allowed M.S. to continue watching the material.

Police found pornography on M.S.’s phone and Rothbarth’s computer, and introduced a spreadsheet of websites visited on M.S.’s phone. M.S. testified and described the videos during forensic interviews. The videos themselves were not admitted. A jury convicted Simpson of promoting obscenity to a minor and child abuse.

The Court’s Holding

The Colorado Court of Appeals affirmed. It held that the prosecution may prove beyond a reasonable doubt that material is obscene without introducing the material itself for the jury to view. The court found no statutory or precedential requirement that the precise alleged obscene material be admitted at trial.

Viewing the admitted evidence in the light most favorable to the prosecution, the court concluded that it supported each part of Colorado’s obscenity definition. The descriptions supported a finding of patently offensive incestuous sex acts; the use of the pornography to facilitate Rothbarth’s abuse supported an inference of prurient appeal; and the record contained no indication of serious literary, artistic, political, or scientific value.

Key Takeaways

  • A prosecutor need not introduce the alleged obscene video, image, or other material itself to sustain an obscenity conviction.
  • Witness testimony and other circumstantial evidence may establish the nature and obscenity of material.
  • Jurors may apply contemporary community standards based on their own understanding of their community’s tolerance.

Why It Matters

The decision establishes in a published Colorado appellate opinion that obscenity may be proved through admissible descriptive and circumstantial evidence rather than through presentation of the material itself. That rule is particularly consequential in cases involving sexualized material shown to children, where introducing the material may be unnecessary to establish the statutory elements.

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