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Sexting is a Felony in Denver: A Defense Attorney Suggests There Be Changes in the ‘Sexting’ Law Soon

Sexting is a Felony in Denver: A Defense Attorney Suggests There Be Changes in the ‘Sexting’ Law Soon

Posted by Terry O'Malley | May 08, 2017 | 0 Comments

In Denver, sexting is a felony. Sexting is an activity where teens and children send and receive nude images over text. This behavior is harmful and is punished as a felony in Denver and across Colorado. It is commonly referred to as Sexual Exploitation of a Child, C.R.S. 18-6-403.  The Colorado legislature is considering amending the law to reduce the possible penalty of sexting against kids in Colorado.

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Sexting is a Felony: Is Sexting Punished Too Harshly in Arapahoe and Adams County?

Consensual sexting in Arapahoe and Adams County can dramatically change a child or teen's future. In our experience, we have commonly seen sexting cases where a teen girl sends an inappropriate picture of herself to her teenage boyfriend, and both teenagers face charges of Sexual Exploitation of a Child. In Colorado, the conduct of teens is being charged the same way it would be if an adult was involved. This doesn't seem right. It is our hope as criminal defense lawyers that the sexting law will be amended to better reflect the nature of kids' behavior, and address their conduct without a harmful criminal record.

New Sexting Law in Douglas and Jefferson County – A Defense Attorney Suggests Misdemeanor Charges Instead

Misdemeanor charges, a probation sentence and an education class seem more appropriate under the circumstances where a child is involved in sexting in Douglas or Jefferson County. Why should a teenager be punished with a felony sexual offense when they don't fully understand the weight of their actions? Under the current sexting law, it seems harsh that a teen who receives a nude image of their boyfriend or girlfriend would be charged with a felony and experience life-altering consequences for possessing “child pornography”. Kids need to be educated about the dangers involved with sexting and the possible consequences they could face as a result of sexting. Our hope would be that a new sexting law would be similar to the MIP (Minor in Possession of Alcohol) law in Colorado, where the conduct of children is punished more mildly.  Of course, there are still circumstances which warrant more serious charges, such as if bribing or threats are involved in the sexting. Adult involvement would still be treated as a felony.

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If your child or teen is facing criminal charges as a result of sexting in Colorado, be smart and exercise your right to remain silent. Then, contact an experienced criminal defense attorney at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.Request a Free Consultation

Image Credit: Pixabay – JESHOOTS

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Terry O'Malley

Get Help Now! Request a Free Consultation Meet Criminal Defense Attorney Terry O'Malley If you have been charged with a crime, you are probably dealing with strong emotions about your upcoming court appearance. You are struggling with knowing how to choose a trustworthy lawyer to represent you...

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If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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