FOCUS ON THE FAMILY ENTERS CWA FRAY

Attorneys Consider Whether CWA Discussion Broke Law

Focus on the Family attorneys are researching state law to see if
there could be a criminal case against Conference on World Affairs
panelists involved in a discussion about sex and drugs with teens at
Boulder High.

Gary Schneeberger, spokesman for the Colorado Springs-based Christian
organization, said his group is looking into the "contributing to the
delinquency of a minor" statute.

"We just ask the question, 'If someone encourages students to take
drugs, could that be viewed as encouraging them to violate state law?'
" he said.

The April discussion, "STDs: Sex, Teens and Drugs," has drawn
criticism from at least one student and observers including Fox News
television host Bill O'Reilly for what they say was a talk
encouraging teens to take drugs and have sex.

Conference on World Affairs and Boulder Valley school officials have
defended the panel.

Focus on the Family has not yet contacted Boulder County District
Attorney Mary Lacy with its concerns, and she did not return a call
from the Camera.

Former Denver prosecutor Karen Steinhauser said she could see no
district attorney thinking the panel discussion rose to the level of a
crime.

"When we talk about contributing to the delinquency of a minor, we're
talking about giving minors alcohol; we're talking about giving minors
drugs. We're not talking about having that conversation," Steinhauser
said. "Just because people aren't happy with the discussion doesn't
mean you then try to find a criminal violation to fit it into."

Mark Silverstein, attorney for the American Civil Liberties Union,
said if a case was brought against the panelists, his organization
would intervene in their defense.

"The discussion of public issues, even controversial, cannot be
punished," Silverstein said. "That right is covered by freedom of speech."

Boulder County's ACLU chairman Judd Golden agreed.

"That's a fair discussion well covered by the First Amendment, and the
idea that it is criminal is absurd," Golden said. "We're not living in
Alabama in 1950."

Focus on the Family Chairman James C. Dobson appeared Friday on "The
O'Reilly Factor" and said he was "shocked" by the panelists' comments.

"In this stage of my life, little makes me angry," Dobson said. "But
this is outrageous, and I can't believe it."

Dobson said the controversial discussion might have broken state laws
and educational policies, and he said his organization is looking into
possible action it can take against the school district or Boulder
High.

When O'Reilly asked why Gov. Bill Ritter hasn't gotten involved and
condemned the discussion, Dobson said: "There are more cowards now
than ever before in this country."

Ritter could not be reached for comment.

[sidebar]

CONTRIBUTING TO THE DELINQUENCY OF A MINOR

What the law says: Any person who induces, aids or encourages a child
(under the age 18) to violate any law, ordinance or court order
commits contributing to the delinquency of a minor.

Its history: The law was put on Colorado's books in 1987, and in 1990,
lawmakers added a provision that if the person works in a school or
holds a teaching license, he or she must be reported to the Department
of Education.

The punishment: A class four felony, the crime is punishable by one to
12 years in prison followed by five years of parole and fines up to
$500,000.

How it's been applied: The crime has typically been charged to those
who physically supply drugs or alcohol to minors, said former Denver
prosecutor Karen Steinhauser.

Boulder County cases of note include:

May 2007 -- A former National Hockey League ice maker who worked at
Boulder County arenas as an ice keeper, hockey coach and referee was
charged with seven counts of contributing to the delinquency of a
minor, among other charges, after authorities say he provided drugs,
alcohol and pornography to seven boys ages 11 to 14 and engaged in sex
acts with them.

June 2006 -- Colorado's formerly most-wanted man, accused of
assaulting and impregnating a 14-year-old girl and then nearly pinning
a Louisville police officer between two cars while authorities
attempted to arrest him, pleaded guilty to contributing to the
delinquency of a minor and was sent to prison.

October 2002 -- The brother of a teen who was shot on University Hill
pleaded guilty to contributing to the delinquency of a minor and
conspiracy to commit robbery after police say he put the teen in
danger by taking him with him to buy marijuana.

December 2001 -- Three University of Colorado football players
implicated in connection with the alleged rapes of two women during an
off-campus party were charged with contributing to the delinquency of
a minor for giving high school recruits at the party alcohol and marijuana.