In Colorado, including Denver, Jefferson, Larimer and Weld County, the law regarding child pornography, or Sexual Exploitation of a Child (CRS 18-6-403), is very subjective and can be interpreted different ways according to the district attorney who is pressing charges. A person may face charges of Sexual Exploitation of a Child in Douglas, Arapahoe, or Adams County, if they possess any pictures of nude children, even their own. Sexual Exploitation of a Child, also known as Child Pornography, is a very serious sex crime, and many parents may not realize that taking and sharing videos of their kid's antics while undressed may lead to these criminal charges.

A head football coach of a major university is being accused of this sex offense after videos were discovered on his cell phone of his kids dancing around their house without clothes on. His wife has come to his defense saying that they are completely innocent and were taken by parents who were simply filming their kids being silly. The law states that any videos or pictures containing pornographic images of children could be interpreted as Child Pornography. It is now up to the courts to determine what the true intent of these videos were.

The prosecutors need to prove that these videos were taken by the father to create or satisfy a sexual arousal. The defense attorneys will have to prove that these videos were innocently made and simply depict children dancing and playing naked. This is going to lead to a very complicated legal battle. Upon hearing about the charges pressed against this man, the university has placed him on leave from his job as head coach. So much for the presumption of innocence.

If police contact or arrest you for charges of Sexual Exploitation of a Child (CRS 18-6-403), also known as Child Pornography, be smart, exercise your right to remain silent, and contact the experienced criminal defense attorneys at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.