A high school teacher has been arrested for Sexual Exploitation of a Child. The charges resulted from the teacher sexting with a student. In Weld County, any time an adult requests or encourages the sending of naked pictures of a child, a serious felony results. Sexting is a general term which deals with people sending nude images or discussions of sexual subjects. Whether by email, download, or sexting, pictures and videos are considered a Child Pornography crime. Never involve yourself with sexting or requests for child sexual material.
Greeley, Colorado Sexual Exploitation of a Child Lawyer: What is the Definition of Sexual Exploitation of a Child?
Colorado’s legal definition of Sexual Exploitation of a Child is located at C.R.S. 18-6-403:
(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, including but not limited to publishing through digital or electronic means, produces, promotes, makes, sells, finances, offers, exhibits, advertises, deals in, or distributes, including but not limited to distributing through digital or electronic means, any sexually exploitative material; or
(b.5) Possesses or controls any sexually exploitative material for any purpose; 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.
Since the police allegations are related to sexting, the teacher probably being charged under section (a). If he asked for nude images of the minor within their text conversations, that is considered an attempt to obtain child pornography. Once the pictures have been sent to the adult, the crime is complete. The request for the images alone can result in a conviction for this and similar internet crimes.
Defenses to Sexual Exploitation Charges in Greeley, Colorado Courts
The exclusion from trial of otherwise illegal images is possible under the First Amendment to our federal constitution. The First Amendment allows people to possess nude images of children in non-sexual situations. Imagine a baby getting their first bath. Or a child running around the house without a diaper. What about a hot summer and young kids are outside running in the sprinkler? Many good parents and grandparents have taken pictures of their young children in nonsexual situations, and the law permits this.
The fine line between illegal naked images of kids and legal child pictures depends on the purpose of the photos and whether it is to evoke sexual arousal in the viewer, or if the child in the photo is involved in or watching sexual conduct. The line between ok and not-ok can become very fine and it is important that your criminal defense lawyer be well versed in First Amendment law and in what meets the definition of Sexually Exploitative Material.
What is the Sentence / Punishment for Child Pornography in Weld County?
A Sexual Exploitation of a Child crime falling under section (a) of C.R.S. 18-6-403, is normally a class 3 felony in Weld County. This possession of naked images involving kids is punishable by 4 to 12 years in the Colorado Department of Corrections and up to $750,000 in fines.
If you or a friend have been charged with Sexual Exploitation of a Child or a Child Pornography crime, be smart and exercise your constitutional right to remain silent. Then, contact the best Greeley criminal defense attorneys from the O’Malley Law Office at 970-616-6009. Together, we can protect your future.
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