In Brush, and across Colorado, the legal ramifications of Sexual Exploitation of a Child are severe. A principal on the Eastern Slope was charged with allegedly being in Possession of illegal pornography after trying to help some students he was working with. The principal was working with parents and students in a sexting case and took photos off students’ phones when they were worried the pictures would be deleted in an app and uploaded them to the school server to assist in the sexting investigation. It was later discovered that the principal was the one under investigation for possessing child images which contained nudity. Possessing illegal child images is a criminal offense in Colorado, with little flexibility for good intentions. The attorneys at the O’Malley Law Office discuss this criminal charge and why it is important to hire a top lawyer if you are facing a Sexual Exploitation of a Child charge.
What is the Legal Definition of Sexual Exploitation of a Child in Colorado?
In Colorado, the definition of Sexual Exploitation of a Child, C.R.S. 18-6-403, by Colorado is as follows:
(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, produces, promotes, makes, sells, finances, offers, exhibits, advertises, deals in, distributes, transports or transfers to another person, or makes accessible to another person, including, but not limited to, through digital or electronic means, any sexually exploitative material; or
(b.5) Accesses with intent to view, views, 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, or accesses with intent to view or views explicit sexual conduct in the form of a performance involving a child if the conduct in the performance was caused, induced, enticed, requested, directed, or specified by the viewer or potential viewer.
This statute is incredibly broad and a prosecutor who is overzealous can charge for this even when the material is not used for sexual gratification.
Images That Are Considered Illegal Nudity in Yuma and Fort Morgan, Colorado
Many images involving children and nudity are protected by our Constitution. Parents and loved ones in Yuma, Fort Morgan, and across the Eastern Slope take pictures all the time of their diapered infants, or kids in a bath. Fortunately, not all nude pictures are considered illegal pornography. Yet some images are by design Erotic Nudity, which is unlawful to possess. To understand the difference between legal and illegal images, Colorado law defines these key terms:
“Erotic Nudity” is defined as:
And “Sexually Exploitative Material” is defined as:
This means that in the above story if the juvenile in the photos were sending them to their classmates for sexual gratification, the prosecution could argue it was Pornographic in nature even though the principal did not view it in that was and was merely trying to help the case at his school.
Sentence and Penalties for Sexual Exploitation of a Child in Logan County?
In Logan County, first time Sexual Exploitation of a Child is a class 5 felony, for each image involved. Penalties of a class 5 felony can include 1-3 years in a Colorado State Prison, and a fine of $1,000-$100,000. A second or subsequent charge or the possession of moving images or many images is a class 4 felony with penalties of 2-6 years in prison, and a fine of $2,000-$500,000. It is also a requirement if convicted of Sexual Exploitation of a Child to Register as a Colorado Sex Offender. To learn more about the Colorado Sex Offender Registry go here.
Why Hire as Eastern Colorado Criminal Defense Lawyer for a Sexual Exploitation of a Child Charge?
A Sexual Exploitation of a Child conviction can alter a person’s life and affect their career, personal life, and even where they can live. If you’ve been accused of Possessing illegal Child images hire a top Eastern Colorado defense lawyer who can fight for you.