Few criminal accusations are more frightening or more serious than allegations of Sexual Exploitation of a Child. In Weld County, these cases are aggressively investigated and prosecuted, and the consequences can be life-altering, even before a case ever goes to trial.
If you are being investigated or charged in Greeley, Evans, Windsor, Milliken, Johnstown, Eaton, La Salle, Firestone, or anywhere in Weld County, understanding the law and your rights is critical. Below are answers to some of the most common questions we hear from clients facing these charges.
What Is Sexual Exploitation of a Child in Colorado? A Greeley Defense Lawyer Explains
Sexual Exploitation of a Child generally involves possessing, distributing, or producing sexually explicit material involving a minor, often called Child Sexual Abuse Materials (CSAM).
This can include allegations of:
- Possessing images or videos of a minor engaged in sexual conduct
- Sharing or sending such material electronically
- Downloading or storing files on a phone, computer, or cloud account
- Producing or creating images or videos involving a minor
Importantly, these cases often involve digital evidence, not physical contact with a child.
Is Sexual Exploitation of a Child a Felony in Milliken and Johnstown?
Yes. Sexual Exploitation of a Child is always charged as a felony under Colorado law.
The severity depends on the alleged conduct:
- Possession is typically charged as a lower-level felony
- Distribution or production is charged as a more serious felony
Each image or video can potentially be charged as a separate count, dramatically increasing exposure in Weld County cases.
What Are the Possible Penalties for Possession of Child Pornography (CSAM) in Colorado?
Penalties can be severe and may include:
- A sentence to the Colorado Department of Corrections
- Mandatory parole
- Substantial fines
- Mandatory sex offense treatment
- Lifetime supervision in some cases
In addition to criminal penalties, a conviction can permanently affect employment, housing, family relationships, and reputation.
Will I Have to Register as a Sex Offender?
In most cases, yes.
A conviction for Sexual Exploitation of a Child almost always requires sex offender registration, often for life. Registration requirements are strict and failure to comply can result in new felony charges.
Sex offender registration is one of the most serious and lasting consequences of these cases and should be discussed with a defense attorney early.
What If I Didn’t Know the Person Was a Minor?
Lack of knowledge about the person’s age may be raised as an issue, but these cases are difficult and fact-specific. Prosecutors often argue that the defendant knew or should have known the individual was under 18.
In digital cases, the state may rely on:
- File names or metadata
- Online chat logs
- Search histories
- Statements made during questioning
Early legal analysis is critical in determining whether this defense applies.
What If I Never Shared the Images?
Even possession alone can lead to felony charges. Prosecutors do not need to prove that images were shared or uploaded; having them stored on a device, email account, or cloud service may be enough.
Many cases arise from:
- Automatic downloads
- Cached files
- Shared devices
- Old files that were never intentionally accessed
These technical issues are often central to a strong defense.
How Do These Investigations Usually Start?
In Weld County, investigations often begin through:
- Tips from internet service providers or social media platforms
- Federal task force referrals
- Searches of electronic devices
- Reports from schools or third parties
Once an investigation starts, law enforcement may execute search warrants and seize phones, computers, tablets, and storage devices.
Should I Talk to the Greeley Police or Weld County Sheriff?
No, at least not without speaking to a criminal defense attorney first.
You have the right to remain silent and the right to an attorney. In these cases, law enforcement often already has evidence before contacting you, and statements made without legal guidance can seriously damage a defense.
Politely declining to answer questions until you have a lawyer is often the safest choice.
What Should I Do If I’m Being Investigated or Charged?
If you believe you are under investigation or have already been charged:
- Do not speak to law enforcement without a lawyer
- Do not delete or alter electronic devices or files
- Preserve any communications or records
- Contact a criminal defense attorney immediately
Even small mistakes early in the process can have serious consequences.
If you or someone you love has been charged with Sexual Exploitation of a Child, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
Photo by Ann H