Charges of Internet Sexual Exploitation of a Child in Greeley and Weld County generally involve electronic contact between a child under the age of 15 years old, and an adult. That electronic contact is often in a chat room, where police officers pose as kids in internet sting operations. The “child” expresses an interest in sex first, and then leads the adult into a discussion of sexuality. The issue of entrapment is often at the forefront of an attorney’s mind when studying an Internet Sexual Exploitation case. Our defense attorneys are aggressive and will help you fight for the best outcome in your case. Read below as our attorneys discuss 5 key facts about Child Sex Exploitation on the Internet:
#1. What is the Definition of Internet Sexual Exploitation of a Child, C.R.S. 18-3-405.4, in Weld County?
The Weld County definition of Internet Sexual Exploitation of a Child, C.R.S. 18-3-405.4, is:
An actor commits internet sexual exploitation of a child if the actor knowingly importunes, invites, or entices through communication via a computer network or system, telephone network, or data network or by a text message or instant message, a person whom the actor knows or believes to be under fifteen years of age and at least four years younger than the actor, to:
(a) Expose or touch the person’s own or another person’s intimate parts while communicating with the actor via a computer network or system, telephone network, or data network or by a text message or instant message; or
(b) Observe the actor’s intimate parts via a computer network or system, telephone network, or data network or by a text message or instant message.
Simply put, a few things need to have happened for a charge of Internet Sexual Exploitation of a Child to be criminally charged. The first is that the defendant believes that the child is 15 years old or younger, or that they are at least 4 years younger than the defendant. The second is that the defendant used electronics to invite the child to expose their intimate parts or to invite the child to view the actor’s intimate parts while online.
#2. Windsor, Colorado, Definition of “Intimate Parts” in an Internet Sexual Exploitation of a Child Charge
In Windsor, the definition of “Intimate parts” includes the external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person. It is important to note that this is not a discussion with a child about these body parts generally, , but active communication with a child while online, to expose or view those parts right then and there.
#3. What is the Difference Between Internet Sexual Exploitation of a Child Charge and Sexual Exploitation of a Child in Weld County?
In Weld County, if a person possesses any sexually explicit material of a child under the age of 18, then they can be charged with Sexual Exploitation of a Child. The difference from Internet Sexual Exploitation of a Child is that these materials only need to be in a defendant’s possession and the nude images are of other children. In contrast, Child Sexual Exploitation on the Internet is when a defendant is actively requesting nudity from a child or exposing themselves to a child while online.
#4. Sentence and Penalties of Internet Sexual Exploitation of a Child in Greeley, Erie or Severance, Colorado
In Greeley, Erie, and Severance Colorado, the general sentence for Internet Sexual Exploitation of a Child is a class 4 felony with penalties of 2-8 years in the Colorado Department of Corrections and fine of $2,000 to $500,000. Most sexual offenses involve an Indeterminate Sentence to the Department of Corrections, or to Indeterminate Probation. Defendants who are convicted of Internet Sexual Exploitation of a Child also have to register as a sex offender on the Colorado Sex Offender Registry. To learn more about registering on the Sex Offender Registry, get help here.
#5. Why Hire an Experienced Greeley, Colorado, Attorney When Facing an Internet Sexual Exploitation of a Child Charge?
In Greeley, the defense attorneys at the O’Malley Law Office understand how difficult it can be to face an Internet Sexual Exploitation of a Child Charge. You need to hire a lawyer who understands the mindset of criminal judges and Deputy District Attorneys. This can prepare you and a defense for common issues surrounding sexual crimes. Child Exploitation cases involve registration, indeterminate sentencing, sex offender treatment, and no contact with children.. There is a risk of considerable prison time, a social stigma, the possible loss of employment and being labeled a sex offender. Let our experienced attorneys help you fight for a great outcome in your case.