Are you accused of Internet Sexual Exploitation of a Child in Weld County? Exposing a person’s own intimate parts to a child electronically or asking a child electronically to touch their own intimate parts or those of someone else, can land someone facing a criminal charge of Internet Sexual Exploitation of a Child. Often, police pose as kids and lure defendants into making harmful statements in chat rooms. If charged with Sexual Exploitation, you’ll need an experienced, sex crimes criminal attorney to get you the best possible outcome. Below our attorneys discuss these charges and why it is important to hire a skilled defense attorney to help you with the details of your case.
Colorado Legal Definition of Internet Sexual Exploitation of a Child, C.R.S. 18-3-405.4
The legal definition of Internet Sexual Exploitation of a Child, C.R.S. 18-3-405.4, in Colorado 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.
It is important to note that three things must have occurred for Internet Sexual Exploitation of a Child to be charged. First, the defendant must know or believe the child is under 15 years old. Secondly, the defendant must believe that the child is at least 4 years younger than themselves. And lastly, the defendant adult must ask the child to observe the adult’s intimate parts, or ask the child to expose their own or another person’s intimate parts to the adult or for the child to touch the intimate parts on themselves or of someone else. If not all of these things cannot be proven, there cannot be a conviction for Internet Sexual Exploitation of a Child.
What is the Difference Between Internet Luring of a Child, C.R.S. 18-3-306, and Internet Sexual Exploitation of a Child in Greeley, Colorado?
In Greeley and anywhere in Colorado Internet Luring of a Child and Internet Sexual Exploitation of a Child are often thought of as the same criminal charge, however they are two very different charges. The simple difference is that Internet Luring is charged anytime that there is a conversation that is sexual in nature and an invitation to meet is proposed. Sexual Exploitation of a Child is charged when the defendant exposes their genitals to a child or asks the child to expose or touch theirs or another person’s genitals over the internet. To learn more about the criminal charge of Internet Luring of a Child, get help here.
What are Common Types of “Electronic Contact” is Needed for Internet Sexual Exploitation of a Child in Weld County?
It is important to understand the criminal charges that your face and the definition of words used in the statutes in Weld County. “Electronic Contact” in Internet Sexual Exploitation of a Child, C.R.S. 18-3-405.4, refers to these common types of devices and systems:
- Computer internet
- Any social media
- Telephone or Text
- Instant Messaging
- SMS
What Happens if a Person is Convicted of Internet Sexual Exploitation in Windsor, Colorado?
An Internet Sexual Exploitation of a Child conviction is a class 4 felony in Windsor, Colorado, with minimum penalties of 2 to 6 years in Colorado State Prison, up to life in prison as an indeterminate crime, a fine of $2,000 to $500,000 and a requirement to Register as a Colorado Sex Offender. To learn more about Registering as a Sex Offender in Colorado go here.
Why Hire a Top Weld County Internet Sex Crimes Attorney?
Facing a Sex Crime charge in Weld County can have many implications on a person, not only personally, but a criminal charge can affect your freedom, career, loss of gun ownership and can affect your future. The attorneys at the O’Malley Law Office have over 30 years of experience in Sex Crimes and helping our clients with the specifics of their cases and fighting for the best outcome. Let us help you today.
If you or someone you love has been charged with Internet Sexual Exploitation of a Child in Greeley, Windsor or Erie and are headed to the Weld County Courthouse, be smart, and exercise your right to remain silent. Contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009. Together, we can protect your future.
The Weld County Courthouse is located at 901 9th Avenue, Greeley, Colorado. We will see you there.