When a person has in their possession, creates, or sends pornographic material involving anyone under the age of 18 they can be charged with sexual exploitation of a child. When these materials exist for a person's sexual gratification, damaging ramifications can follow. Nationwide, sexual exploitation of minors has grown during the recent pandemic. With online use reaching new heights, a criminal charge for downloading or distributing child pornography is closer than many think. Consult an experienced sex crimes attorney right away if you're facing an allegation of sexual exploitation of a child in Colorado.
Denver's Sexual Exploitation of a Child Law
Denver's child exploitation law prohibits people from possessing, creating, or distributing pornography involving juveniles. C.R.S. 18-6-403 defines specific violations in the state of Colorado. Someone commits this sex offense in Denver, Cherry Creek, or Park Hill if they:
- possess sexually exploitative items showing someone 17 or younger engaged in sexual acts,
- or contribute to making or distributing these materials in some way
Images or video of erotic fondling or nudity, masturbation, sexual arousal, and intercourse are considered exploitative items. These materials can be found on, created using, and distributed via smartphones, tablets, laptops, and desktops. Suspicion of sexual exploitation often involves a warrant for a suspect's electronic devices. Forensic specialists have many tools at their disposal to uncover images and videos stored on various devices.
What's the Sentence for Child Pornography Possession in Colorado?
Being in possession of less than 20 images of child pornography is a class 5 felony in Denver. Conviction can result in up to 3 years in prison and a minimum fine of $1,000. However, in the following scenarios, the offense becomes a class 4 felony:
- 2nd or subsequent offense,
- possession of video,
- or 20+ items
This can as much as double the period of incarceration and fine amount. Sexual exploitation becomes a class 3 felony if someone contributes to creating or distributing child pornography. Over a decade in prison and six-figure fines are possible consequences for creation / distribution of child porn.
Colorado Sexual Exploitation of a Child Defense
Don't take any chances if you believe you're being investigated for a internet sex offense involving child pornography. With consequences of prison, fines, and sex offender registration / treatment, sexual exploitation of a child defense is a must. Perhaps you didn't know you had the items on your device or they weren't for the purpose sexual gratification. Nevertheless, contact our office for a free consultation. We will carefully analyze your unique situation, as well as recommend next steps. In times such as these, our affordable fees and flexible payment plans make strategic representation a reality for those facing allegations.
So, if you or someone you know is facing an internet sex crime charge in Colorado, proceed carefully. Remain silent and contact a determined defense lawyer at O'Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future.
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