Sexual Exploitation of a Child Charges at the Weld County Courthouse
What is “Sexually Explicit Material” in Colorado?

Sexual Exploitation of a Child, C.R.S. 18-6-403, is charged at the Weld County Courthouse for possessing, creating, distributing, or engaging in some other way with sexually exploitative material.  Crucial to this criminal offense is what sexually exploitative material – that is, illicit pornography depicting children – actually is.  Colorado law has a specific definition of sexually exploitative material that could be used to your advantage in your case, depending on your circumstances.  If you have been charged with Sexual Exploitation, don’t wait – call one of our top Weld County sex crimes lawyers today.

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Colorado’s Law on Sexual Exploitation of a Child, C.R.S. 18-6-403

What is Sexually Exploitative Material in Greeley?

Colorado Prison Time and Other Penalties for Sexual Exploitation in Windsor and Firestone

Colorado’s Law on Sexual Exploitation of a Child, C.R.S. 18-6-403

Colorado’s law on Sexual Exploitation of a Child, C.R.S. 18-6-403, as it relates to the possession or access of sexually exploitative material, is as follows:

(3) A person commits sexual exploitation of a child if, for any purpose, he or she knowingly:

(b.5) Accesses with intent to view, views, possesses, or controls any sexually exploitative material for any purpose.

What is Sexually Exploitative Material in Greeley?

In Greeley, the definition of sexually exploitative material / SEM – also known as child sex abuse material / CSAM in some jurisdictions – is found in C.R.S. 18-6-403 (2) (j):

“Sexually exploitative material” means any photograph, motion picture, video, recording or broadcast of moving visual images, livestream, print, negative, slide, or other mechanically, electronically, chemically, or digitally reproduced visual material that depicts a child engaged in, participating in, observing, or being used for explicit sexual conduct.

By this definition, SEM includes images or video of a child being used for sexual purposes.  An experienced sex crimes lawyer can use this definition to his advantage at the Weld County Court.  For example, an image of a child taken to show a doctor a medical condition he is experiencing would not fall under this definition.

Colorado Prison Time and Other Penalties for Sexual Exploitation in Windsor and Firestone

Sexual Exploitation of a Child carries a plethora of penalties in Windsor and Firestone, including Colorado prison time.  See the table below for a list of penalties that can result from conviction:

Circumstances

Classification

Penalties

The defendant possessed, viewed, accessed, etc. sexually exploitative material; one count of Sexual Exploitation is charged for every piece of material viewed, accessed, or possessed. Class 5 felony / F5
The defendant:

  • Committed a second or subsequent offense of Sexual Exploitation involving possessing, accessing, or viewing sexually exploitative material, or
  • The item(s) accessed was a video or moving visual image.
Class 4 felony / F4
  • 2 – 6 years in the Colorado DOC
  • 3 years of mandatory parole upon release from incarceration
  • Sex offender treatment
  • Registration as a sex offender
  • Fine of $2,000 – $500,000

If you have been charged with Sexual Exploitation of a Child, don’t wait to contact our top criminal defense lawyers to represent you at the Weld County Court.  These penalties can entail lifelong repercussions – but with the representation of an experienced attorney, these penalties don’t have to wreck your future.  Call us today, and together, we can protect your future.


Have you been charged with Sexual Exploitation of a Child?  Be smart, and exercise your right to stay silent.  Never talk to the Greeley Police or Weld County Sheriff – they are not your friends.  Instead, call 970-616-6009 to discuss your case with a top Weld County sex crimes lawyer from the O’Malley Law Office today.  Together, we can protect your future.

The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!

Photo by Sora Shimazaki

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