Confiscation of computers, laptops and external storage devices by police looking for CSAM, known as Child Sexual Abuse Material, is common in Sexual Exploitation of a Child cases in Fort Collins and Greeley, Colorado. The first step in a Sexual Exploitation case occurs when the Fort Collins or Greeley police receive a cybertip from NCMEC, the National Center for Missing and Exploited Children. NCMEC gets their information for the cybertip from a variety of publicly owned internet data storage services that host mail or storage backup systems. These companies include names like Comcast, Verizon, Apple or Google, who provide cloud data backup for their subscribers. There are many of these large scale data back-up services and they all operate similarly. They screen every image entering their systems based on known HASH values of illegal CSAM images. When new Sexual Exploitation cases conclude across the country, police submit the HASH values of new images and build the NCMEC database which is then updated with all the cloud storage services.
Computer Confiscation Searches with Software Tools and Timelines in Fort Collins and Greeley Sexual Exploitation Cases, C.R.S. 18-6-403
Once your PC and Mac computers are taken by police, their contents will be extracted, searched and analyzed by law enforcement using a variety of commercial software tools like Magnet Axion, EnCase, Forensic Toolkit and Cellebrite UFED (best for cellphones). The timeline for this search in Sexual Exploitation cases under C.R.S. 18-6-403, is lengthy. We commonly see 6 – 12 month delays before police finalize a report of your device contents and request charges to be filed by the District Attorney’s office. Once the DA gives their approval for charges, a warrant is issued for your arrest. You would be well served to have an experienced criminal defense lawyer to advise you through your case, starting with your bond hearing, so you can end up with the lowest sentence possible.
What Computer Images are Greeley and Fort Collins Police Looking for in Sexual Exploitation of a Child Cases?
Police and their software will be looking for images with child Sexually Exploitative Material, involving Explicit Sexual Conduct. The definition of Sexually Exploitative Material is:
Explicit Sexual Conduct is defined as:
While there are several other important terms, these are the two main definitions used by Colorado police , DAs, defense attorneys and courts in Sexual Exploitation of a Child Cases.
Is a Criminal Defense Lawyer Necessary in Child Sexual Exploitation Cases?
Prison is a possibility in every Child Sexual Exploitation Case. A criminal defense attorney can evaluate when prison is appropriate in the eyes of law enforcement, and negotiate with DAs for a lesser sentence. Our law office had a complicated Sexual Exploitation case where the District Attorney wanted 100 years in prison. While that is an extreme example, many of our cases involve requests of 6 – 10 years or more of prison time by the District Attorney. Good preparation of your case during the 6-12 month wait for extraction results can make a huge difference. You must contact an experienced criminal defense lawyer as soon as police contact you. Treatment and evaluations with the right people can be an asset to convincing the prosecutor to agree to a probation sentence.