Two teenagers exchanging explicit photos may seem like a normal practice. After all, some studies seeking to estimate the number of juveniles exchanging intimate pictures of themselves have reported that as many as 60% of teenagers have had some involvement with sexting, whether they were recipients or senders. However, if a juvenile in Weld County, Colorado, is found to have shared or posted a nude image of another juvenile, he or she can be charged with Posting, Possession, or Exchange of a Private Image by a Juvenile under C.R.S 18-7-109.
Definition of Posting, Possession, or Exchange of a Private Image by a Juvenile in Weld County
In Greeley, Windsor, and other cities in Weld County, the definition of Posting, Possession, or Exchange of a Private Image by a Juvenile is as follows:
(1) A juvenile commits the offense of posting a private image by a juvenile if he or she, through digital or electronic means:
(a) Knowingly distributes, displays, or publishes to the view of another person a sexually explicit image* of a person other than himself or herself who is at least fourteen years of age or is less than four years younger than the juvenile:
(I) Without the depicted person’s permission; or
(II) When the recipient did not solicit or request to be supplied with the image and suffered emotional distress; or
(III) When the juvenile knew or should have known that the depicted person had a reasonable expectation that the image would remain private; or
(b) Knowingly distributes, displays, or publishes, to the view of another person who is at least fourteen years of age or is less than four years younger than the juvenile, a sexually explicit image of himself or herself when the recipient did not solicit or request to be supplied with the image and suffered emotional distress.
(2) A juvenile commits the offense of possessing a private image by a juvenile if he or she, through digital or electronic means, knowingly possesses a sexually explicit image of another person who is at least fourteen years of age or is less than four years younger than the juvenile without the depicted person’s permission; except that it is not a violation of this subsection (2) if the juvenile:
(a) Took reasonable steps to either destroy or delete the image within seventy-two hours after initially viewing the image; or
(b) Reported the initial viewing of such image to law enforcement or a school resource officer within seventy-two hours after initially viewing the image.
(3) A juvenile commits the civil infraction of exchange of a private image by a juvenile if he or she, through digital or electronic means:
(a) Knowingly sends a sexually explicit image or images of himself or herself to another person who is at least fourteen years of age or is less than four years younger than the juvenile, and the image or images depict only the sender and no other person and the sender reasonably believed that the recipient had solicited or otherwise agreed to the transmittal of the image or images; or
(b) Knowingly possesses a sexually explicit image or images of another person who is at least fourteen years of age or is less than four years younger than the juvenile, and the image or images depict only the sender and no other person and the juvenile reasonably believed that the depicted person had transmitted the image or images or otherwise agreed to the transmittal of the image or images.
In essence, a Posting, Possession, or Exchange of a Private Image by a Juvenile charge can be handed to a minor under the age of 18 if they have sent a nude image of themselves to another minor or if they have posted the image online. Even if you are the recipient of the sexually explicit image, you can be handed this charge as well, since you are in possession of an explicit image of a minor.
What Sets a Posting, Possession, or Exchange of a Private Image by a Juvenile Charge Apart from Other Charges?
One of the most significant differences between Posting, Possession, or Exchange of a Private Image by a Juvenile and other charges is that the juvenile charged with the crime is a minor under the age of 18. Hence, the consequences are much less severe than they would be for an adult charged with a similar crime, such as C.R.S. 18-7-107, Posting a Private Image for Harassment; C.R.S. 18-7-108, Posting a Private Image for Pecuniary Gain; or C.R.S. 18-3-305, Enticement of a Child. By definition, the person charged with any of these must be eighteen years of age or older, and thus, these charges carry harsher adult penalties, such as sex offender registration, sex offender treatment, and prison time.
What are the Potential Punishments and Consequences for a Posting, Possession, or Exchange of a Private Image Charge, C.R.S. 18-7-109?
If you have a child who is facing a Posting, Possession, or Exchange of a Private Image charge, C.R.S. 18-7-109, the good news is that the potential consequences are being charged with a class 1 or class 2 misdemeanor or civil infraction. Misdemeanor charges include fines and probation, as well as potential mandatory participation in a program designed to prevent further exchange of sexually explicit images.