It's not difficult to be charged with two crimes in Douglas, Adams, and El Paso County. Especially when it comes to sex offenses – which tend to build upon each other. For example, in recent news, a Boulder man was arrested for possessing child pornography. After reading the article, we believe he'll most likely be facing two sex offense charges; Sexual Exploitation of a Child and Internet Sexual Exploitation of a Child. Let's look closer at these two offenses to learn why.

What is Sexual Exploitation of a Child – C.R.S. 18-6-403?

Sexual Exploitation of a Child is charged whenever a person is found in possession of sexually explicit materials which involve children. In other words, it is charged when someone possesses, distributes, or creates child pornography. For a small amount of images, this crime is usually a class 6 felony, which carries a possible prison sentence of up to 18 months. It is also a sex offense in Denver, Jefferson, and Arapahoe County, which will require anyone convicted of it to register as a sex offender and go through sex offender treatment overseen by the Colorado Sex Offender Management Board (SOMB).

[pullquote align=”center” textalign=”center” width=”90%”]Internet Sexual Exploitation can result in an indeterminate prison sentence.[/pullquote]

What is Internet Sexual Exploitation of a Child – C.R.S. 18-3-405.4?

Internet Sexual Exploitation of a Child is charged whenever a person communicates with a child under the age of 15, and in that communication asks them to send them a sexually explicit picture of themselves. This is commonly known as “sexting.” This crime is a class 4 felony. But, it is subject to indeterminate sentencing, which means there is no upper limit to how long a person can spend in prison. Also, because it is a sex offense, a person convicted of this crime will be required to go through sex offender treatment and register as a sex offender.

Why the Boulder Man May be Charged with Two Sex Offenses

The man in Boulder may be charged with two sex offenses. This is because investigators found evidence of child pornography on his computer and phone, which results in a charge for Sexual Exploitation of a Child. In addition to these images (or videos), they found evidence that he was having sexually explicit conversations with an underage girl. Usually, sexually explicit conversations include a request for a sexually explicit photo, which results in a charge for Internet Sexual Exploitation of a Child. This young man would be wise to contact an unbeatable criminal defense attorney to defend and protect his future in court. Because he is 19, there are possible defenses in his case. In order to be charged with Internet Sexual Exploitation of a Child (the more serious offense), the child has to be under the age of 15, and the defendant must be more than 4 years older. Depending on when the communication took place, this young man may have a defense in court.

Request a Free Consultation

If you or a loved one has been charged with two sex offenses like the young man in Boulder, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.

Image courtesy of Stuart Miles at FreeDigitalPhotos.net