A Boulder, Colorado man was publically arrested at his workplace in Jefferson County when Boulder police allegedly discovered files of child pornography on his home computer. He is being held at the Jefferson County jail for Boulder police. We frequently tell our clients not to speak to the police. This man allegedly made statements to the Boulder law enforcement in which he admitted to viewing child pornography. He will remain in custody in Jefferson County while he waits for his charges from the Boulder District Attorney's Office, which will include charges relating to both the possession and distribution of child pornography (C.R.S. 18-6-403).
In Colorado jurisdictions such as Denver, Arapahoe, and Adams County, anyone who possesses child pornography can be charged with Sexual Exploitation of a Child – a.k.a. Child Pornography (C.R.S. 18-6-403). In order to prove Sexual Exploitation of a Child, prosecutors must establish that a person possesses or controls any sexually exploitative material for any purpose. The Colorado statute defines “sexually exploitative material” as any photograph, motion picture, video, video tape, print, negative, or other visual material that depicts a child engaged in, participating in, observing, or being used for explicit sexual conduct. Since some nude photos of children are constitutionally protected speech, it can be difficult to determine at which point a nude picture of a child becomes sexually exploitative.
This is a fine illustration of how the mere accusation of possessing child pornography can lead to public shame, and why people should not speak with police. Nothing helpful can come out of talking to the Westminster, Denver, or Centennial police. If you have been charged with possessing child pornography / Sexual Exploitation of a Child in Jefferson, Larimer, or Weld County, Colorado, the expert criminal defense attorneys at the O'Malley Law Office will fight for your rights and your freedom. We have twenty years of experience handling sexually based crimes and our practice is completely dedicated to criminal defense. When you have been accused of a crime, be smart, exercise your right to remain silent, and call us today at 303-830-0880. Together, we can protect your future.