Being accused of Sexual Exploitation of a Child in Weld County requires the hiring of Greeley’s top criminal defense lawyers. A Sexual Exploitation of a Child conviction can change your life, affecting where you live and where you work. If convicted, you will be required to register as a sex offender and face time in prison. Below we discuss 5 things you should know if facing a Sexual Exploitation of a Child charge. Read more below and then our defense attorneys with your questions.
#1 Thing to Know About Greeley’s Sexual Exploitation of a Child Definition, C.R.S. 18-6-403
In Greeley, the definition of Sexual Exploitation of a Child, C.R.S. 18-3-403, is:
(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 subsection (3)(b.5) does not apply to law enforcement personnel, defense counsel personnel, 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.
#2 Thing to Know: What are Examples of Sexual Exploitation of a Child in Weld County
As it states above, any person who possesses, produces, or distributes sexually explicit material of a person under the age of 18 years old can be charged with Sexual Exploitation of a Child. Some examples of this charge include:
- Having child pornography on your computer.
- Trying to sell sexually explicit videos of a child under the age of 18.
- Trying to bribe a child to perform an explicit sexual act for a production.
- Taking any nude pictures of a child
#3 Thing to Know About Sexual Exploitation: What is the Definition of Sexual Conduct under C.R.S. 18-3-403, in Greeley, Colorado?
In Greeley, the Sexual Conduct is defined under C.R.S. 18-3-403 as:
“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).
“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.
“Explicit sexual conduct” means sexual intercourse, erotic fondling, erotic nudity, masturbation, sadomasochism, or sexual excitement.
“Sadomasochism” means: Real or simulated flagellation or torture for the purpose of real or simulated sexual stimulation or gratification; or the real or simulated condition of being fettered, bound, or otherwise physically restrained for sexual stimulation or gratification of a person.
#4 Thing to Know: What is the Punishment for Sexual Exploitation of a Child in Weld County
In Weld County, Sexual Exploitation for a first-time possession offense involving sexually exploitative images is a class 5 felony, which is punishable by up to 3 years in prison and a fine of up to $100,000. A second offense, like possession of child videos, recordings, or more than 20 sexually explicit materials, can result in a class 4 felony with penalties of 2 to 6 years in prison and a fine of up to $500,000.
#5 Defenses to Sexual Exploitation Charges in Greeley, Colorado
In Greeley, a Sexual Exploitation conviction can change your life. Greeley’s leading lawyers can help navigate the specifics of your case, including finding possible defenses such as:
- The “child” depicted was over the age of 18.
- The contact made in the material was not for sexual gratification such as a mother bathing or breast feeding her child. Some child nudity is constitutionally protected.
- The defendant was unaware they possessed the material. Some web sites automatically download small images onto your computer without permission.
- The material was found through an illegal search and seizure.
If you or a loved one have been charged with Sexual Exploitation of a Child, be smart and exercise your constitutional right to remain silent. Do not speak with the Greeley Police Department. Then, contact the best Greeley criminal defense attorneys from the O’Malley Law Office at 970-616-6009. Together, we can protect your future.
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