Sexual Exploitation of a Child is charged Greeley and Weld County when a person is accused of possessing or sharing sexually explicit images of a child. Often tips are provided that link these flagged images to certain IP or email addresses. Law enforcement can track the images, and see when they were downloaded, accessed and even shared. A man was recently arrested for this crime, and has been charged with multiple counts for both possessing and sharing the images. Sharing child sexual abuse materials (CSAM) is a higher level felony in Colorado, than possessing the images alone.
Weld County Sexual Exploitation of Children Lawyer: How Are Child Pornography Crimes Charged in Colorado?
The Weld County, Colorado law definition of Sexual Exploitation of a Child – C.R.S. 18-6-403 – 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, 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.
The man in the article was likely charged for both (b.5) and (c).
Penalty for Sexual Exploitation of a Child Charges in Windsor and Firestone
The level felony charged for Sexual Exploitation of a Child is based on the subsection the person is charged under. For the sharing or distributing of CSAM, subsection (c) is charged. This subsection is a class 3 felony sex offense. For the possession of CSAM, subsection (b.5) is charged. This subsection is a class 5 felony sex offense, unless certain aggravators apply. If it is considered an aggravated case, then it is a class 4 felony sex offense.