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Sexual Exploitation of a Child Denver Lawyer – C.R.S. 18-6-403

If you've been charged with Sexual Exploitation of a Child in Colorado, contact a criminal defense lawyer right away.

If you’ve been charged, arrested or accused of Sexual Exploitation of a Child in Denver, Jefferson County or anywhere else in Colorado, don’t lose hope. Contact a Sexual Exploitation of a Child lawyer in Denver, Colorado right away. Sexual Exploitation of a Child is the most complex internet sexual offense and requires the knowledge and expertise of a skilled child sexual exploitation defense lawyer.

Lawyer in Adams County for Sexual Exploitation of a Child: What is Sexual Exploitation of a Child?

Sexual Exploitation of a Child, C.R.S. 18-6-403, also known as possession of child pornography, is charged in Brighton and Adams County whenever someone possesses sexually exploitative material of children (child pornography), prepares sexually exploitative material involving children, entices children to be used for the material, or shares or tries to share the material in some way over digital or electronic means. A more detailed description of Sexual Exploitation of a Child can be found at the bottom of this page.

Attorney for Sexual Exploitation in Douglas County: Innocent People Often Charged

The problem with Sexual Exploitation of a Child charges in Highlands Ranch, Douglas County and across Colorado is that many innocent people are charged. For example, if you buy a computer (new or used), you may not even know what is currently on it. There could be sexual images of children that you are not aware of because those images were previously saved and deleted. Yet, deleted images still remain on devices such as hard drives, flash memory drives or USB drives. You can also be charged for unknowingly possessing child pornography after letting someone use your computer and they downloaded the explicit files or shared them online. Not all file sharing sites are trustworthy. As criminal defense lawyers fighting hard for justice in Colorado, we have the resources and knowledge needed to uncover the truth of your criminal case if you’ve been charged with Sexual Exploitation of a Child.

Protect your future by calling an expert sex crimes defense attorney today.

Sexting and Sexual Exploitation: Juveniles Can Be Charged, Too

With the frequency of cell phones among juveniles, ‘sexting’ has become more common in Boulder, Jefferson County and across Colorado. Whenever a child sends a nude picture of themselves over text, it is considered sexting. Sexting is dangerous for juvenile girls and boys and can lead to charges of Sexual Exploitation of a Child. It is always wise to speak with your child about the risks involved when sending sexually explicit photos to the opposite sex.

Sentencing for Sexual Exploitation of a Child in Arapahoe County and Across Colorado

Class 3 Felony

  • Sexual Exploitation of a Child is normally a class 3 felony in Colorado.

Class 4 Felony

  • It is a class 4 felony if it’s a second or subsequent offense of C.R.S. 18-6-403(3)(b.5); or
  • The possession is of a video, recording or broadcast of moving visual images, or motion picture or more than twenty different items qualifying as sexually exploitative material.

Class 5 Felony

  • It is a class 5 felony if someone possesses or controls any sexually exploitative material for any purpose (C.R.S. 18-6-403(3)(b.5)).

Sexual Exploitation of a Child also requires the convicted person to register as a sex offender and follow the harsh treatment rules set by the Colorado Sex Offender Management Board. Because there is so much at stake upon a conviction of Sexual Exploitation of a Child in Glendale, Arapahoe County and across Colorado, act quickly and consult an experienced attorney to defend you.

Invest in your future by working

with an experienced criminal defense lawyer on your case.

Indeterminate Sentencing Required for Internet Sexual Exploitation of a Child in Colorado Springs

A similar crime to Sexual Exploitation of a Child is Internet Sexual Exploitation of a Child, C.R.S. 18-3-405.4. Internet Sexual Exploitation of a Child occurs whenever someone asks a child under fifteen years of age (when they’re four years younger than the actor) to observe the actor’s intimate parts over the computer or phone, or to expose or touch theirInternet Sexual Exploitation of a Child charges can be serious – contact an attorney today if you’ve been charged. intimate parts or another person’s intimate parts while talking to the actor over the computer or phone. This sexual offense is subject to indeterminate sentencing in Colorado Springs, El Paso County and across Colorado, which means there is a possibility those convicted could spend a lifetime in prison. There are certain factors that must be present for indeterminate sentencing to apply. These factors include if a defendant committed a sex offense that:

  • Constitutes a crime of violence;
  • Classifies him or her as an habitual sex offender against children (which includes Sexual Exploitation of a Child);
  • Constitutes a sexual offense and the sex offender knew he was infected with HIV prior to committing the offense;
  • Was a class 2, class 3, or class 4 sex offense in violation of Sexual Assault, Sexual Assault on a Child, or Sexual Assault on a Child by One in a Position of Trust;
    • When the act includes sexual intrusion or sexual penetration;
    • When a child was under 12 years of age at the time of the offense and the offender was at least 18 years old and 10 years older than the child.

*Note: There are additional factors involved for indeterminate probation sentencing.

Colorado indeterminate sentencing is complex. You should always speak with an experienced criminal defense lawyer to learn more about indeterminate sentencing for sexual offenses in Colorado and which factors may apply in your unique criminal case.

Call Our Attorneys Today if You’ve Been Charged

A criminal record of Sexual Exploitation of a Child can harm you for life. Get an attorney on your side who can protect your future.

A criminal record of Sexual Exploitation of a Child, Internet Sexual Exploitation of a Child or another internet sexual offense in Denver County or anywhere else in Colorado can harm you for life. You need expert legal help if you’ve been charged, arrested or accused of Sexual Exploitation of a Child anywhere in Colorado. Contact our Sexual Exploitation of a Child lawyers immediately to set up a free initial consultation, and protect your future.

Get Help Now

If you or your child has been charged with Sexual Exploitation of a Child anywhere in Colorado, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys at the O’Malley Law Office for a free consultation at 303-830-0880. We will sit down with you to discuss your options. Together, we can protect your child’s future.
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Sexual Exploitation of a Child Colorado Statute – C.R.S. 18-6-403

(1) The general assembly hereby finds and declares: That the sexual exploitation of children constitutes a wrongful invasion of the child’s right of privacy and results in social, developmental, and emotional injury to the child; that a child below the age of eighteen years is incapable of giving informed consent to the use of his or her body for a sexual purpose; and that to protect children from sexual exploitation it is necessary to prohibit the production of material which involves or is derived from such exploitation and to exclude all such material from the channels of trade and commerce.

(1.5) The general assembly further finds and declares that the mere possession or control of any sexually exploitative material results in continuing victimization of our children by the fact that such material is a permanent record of an act or acts of sexual abuse of a child; that each time such material is shown or viewed, the child is harmed; that such material is used to break down the will and resistance of other children to encourage them to participate in similar acts of sexual abuse; that laws banning the production and distribution of such material are insufficient to halt this abuse; that in order to stop the sexual exploitation and abuse of our children, it is necessary for the state to ban the possession of any sexually exploitative materials; and that the state has a compelling interest in outlawing the possession of any sexually exploitative materials in order to protect society as a whole, and particularly the privacy, health, and emotional welfare of its children.

(2) As used in this section, unless the context otherwise requires:

(a) “Child” means a person who is less than eighteen years of age.

(b) (Deleted by amendment, L. 2003, p. 1882, §1, effective July 1, 2003.)

(c) “Erotic fondling” means touching a person’s clothed or unclothed genitals or pubic area, developing or undeveloped genitals or pubic area (if the person is a child), buttocks, breasts, or developing or undeveloped breast area (if the person is a child), for the purpose of real or simulated overt sexual gratification or stimulation of one or more of the persons involved. “Erotic fondling” shall not be construed to include physical contact, even if affectionate, which is not for the purpose of real or simulated overt sexual gratification or stimulation of one or more of the persons involved.

(d) “Erotic nudity” means the display of the human male or female genitals or pubic area, the undeveloped or developing genitals or pubic area of the human male or female child, the human breasts, or the undeveloped or developing breast area of the human child, for the purpose of real or simulated overt sexual gratification or stimulation of one or more of the persons involved.

(e) “Explicit sexual conduct” means sexual intercourse, erotic fondling, erotic nudity, masturbation, sadomasochism, or sexual excitement.

(f) “Masturbation” means the real or simulated touching, rubbing, or otherwise stimulating of a person’s own clothed or unclothed genitals or pubic area, developing or undeveloped genitals or pubic area (if the person is a child), buttocks, breasts, or developing or undeveloped breast area (if the person is a child), by manual manipulation or self-induced or with an artificial instrument, for the purpose of real or simulated overt sexual gratification or arousal of the person.

(g) “Sadomasochism” means:

(I) Real or simulated flagellation or torture for the purpose of real or simulated sexual stimulation or gratification; or

(II) The real or simulated condition of being fettered, bound, or otherwise physically restrained for sexual stimulation or gratification of a person.

(h) “Sexual excitement” means the real or simulated condition of human male or female genitals when in a state of real or simulated overt sexual stimulation or arousal.

(i) “Sexual intercourse” means real or simulated intercourse, whether genital-genital, oral-genital, anal-genital, or oral-anal, between persons of the same or opposite sex, or between a human and an animal, or with an artificial genital.

(j) “Sexually exploitative material” means any photograph, motion picture, video, recording or broadcast of moving visual images, print, negative, slide, or other mechanically, electronically, chemically, or digitally reproduced visual material that depicts a child engaged in, participating in, observing, or being used for explicit sexual conduct.

(k) “Video”, “recording or broadcast”, or “motion picture” means any material that depicts a moving image of a child engaged in, participating in, observing, or being used for explicit sexual conduct.

(3) A person commits sexual exploitation of a child if, for any purpose, he or she knowingly:

(a) Causes, induces, entices, or permits a child to engage in, or be used for, any explicit sexual conduct for the making of any sexually exploitative material; or

(b) Prepares, arranges for, publishes, including but not limited to publishing through digital or electronic means, produces, promotes, makes, sells, finances, offers, exhibits, advertises, deals in, or distributes, including but not limited to distributing through digital or electronic means, any sexually exploitative material; or

(b.5) Possesses or controls any sexually exploitative material for any purpose; except that this paragraph (b.5) does not apply to peace officers or court personnel in the performance of their official duties, nor does it apply to physicians, psychologists, therapists, or social workers, so long as such persons are licensed in the state of Colorado and the persons possess such materials in the course of a bona fide treatment or evaluation program at the treatment or evaluation site; or

(c) Possesses with the intent to deal in, sell, or distribute, including but not limited to distributing through digital or electronic means, any sexually exploitative material; or

(d) Causes, induces, entices, or permits a child to engage in, or be used for, any explicit sexual conduct for the purpose of producing a performance.

(4) (Deleted by amendment, L. 2003, p. 1882, 1, effective July 1, 2003.)

(5) (a) Except as provided in paragraph (b) of this subsection (5), sexual exploitation of a child is a class 3 felony.

(b) Sexual exploitation of a child by possession of sexually exploitative material pursuant to paragraph (b.5) of subsection (3) of this section is a class 5 felony; except that said offense is a class 4 felony if:

(I) It is a second or subsequent offense; or

(II) The possession is of a video, recording or broadcast of moving visual images, or motion picture or more than twenty different items qualifying as sexually exploitative material.

(6) If any provision of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.