Image Source: Pixabay-Stephanie_Curry

The Sexual Exploitation of a Child or Child Pornography statute covers not just possession of child pornography, but also creating and/or allowing a child to be a part of the child pornography. A teacher is facing charges for enticing a child to engage in Sexual Exploitation of a Child after he reportedly offered some students a better grade in exchange for nudes. According to the report, students reported that the teacher has requested pictures of the male students' penises for better grades. One student found a picture of a penis online and sent that to his teacher – meaning he never really provided any child pornography. If this had occurred in Denver, Aurora, or Castle Rock, the teacher would likely be facing charges for Attempted Sexual Exploitation of a Child.

Definition of Sexual Exploitation of a Child in Douglas and Arapahoe County: Enticing a Child to Engage in Child Pornography

The Douglas and Arapahoe County, Colorado law definition of Sexual Exploitation of a Child – C.R.S. 18-6-403 (3)(a) – is:

(3) 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;

Because the teacher specifically requested the boys send pictures of their genitals for a reward (better grade), it could be argued that he enticed the boys to be used for sexually exploitative material. However, because the boys did not take or send any pictures of themselves, the teacher would likely be facing the Attempt to Commit Sexual Exploitation of a Child.

Attempted Sexual Exploitation of a Child: Attempt Means Substantial Step in Adams and Jefferson County

Under C.R.S. 18-2-101, Criminal Attempt is added to any underlying crime when a person takes a substantial step toward committing a crime in Jefferson and Adams County. So, for the teacher above, by asking the students for the pictures he took a substantial step toward committing Sexual Exploitation of a Child. A Sexual Exploitation of a Child charge under 3a – as listed above – is a class 3 felony. When the crime is charged as an Attempt, then it is lowered to a class 4 felony.

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