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A Colorado Springs woman was recently sentenced to 20 years in the prison and 10 years of Sex Offender Intensive Supervised Probation upon her release, for producing child pornography, charged as Sexual Exploitation of a Minor.  The woman was communicating online with a man and admitted to sexually assaulting her children. The man encouraged her to do it again and take pictures and videos of the assault, which she complied and sent to him. Sexual Exploitation of a Child can be charged at the state or federal level. Lately, we have seen cases where the Jefferson, Douglas or Arapahoe County DA threaten to turn cases over to the Attorney General and try the case on the federal level if the defendant doesn't take the deal the DA is offering.

Denver Sexual Exploitation of a Minor Attorney: What is the Definition of Child Pornography in Adams County?

The Denver and Adams County, Colorado law definition of Sexual Exploitation of a Child as it relates to the case above – C.R.S. 18-6-403 – is:

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

(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;

The mother in the story above did both (a) and (b), causing her children to be used for child pornography and distributing the child pornography she created.

Colorado Department of Corrections vs. Federal Prison: What is the Difference?

Sexual Exploitation of a Child cases are treated much more harshly on the federal level. Not only that, but a person sentenced to federal prison will have to serve 85% of their time, whereas when a person is sentenced to the Colorado Department of Corrections, their parole eligibility date is automatically set at 50% of the sentence and can move up with good time.

Request a Free Consultation

If you or a loved one has been charged with Sexual Exploitation of a Minor, be smart, exercise your right to remain silent, and contact the affordable and best criminal defense attorneys from the O'Malley Law Office at 303-830-0880 immediately. Together, we can protect your future.