Colorado Sex Crime Attorney Blog

Denver and Morgan County Sexual Exploitation of a Child | Man Records and Forces 6-Year-Old to Perform Sex Acts

Posted by Kyle B. Sawyer | Sep 02, 2016 | 0 Comments

A man could face charges of Sexual Exploitation of a Child for making a child perform sex acts and for recording the activity on his phone.
Image Credit: Pixabay – OpenClipart-Vectors

According to a news story, a man allegedly forced a six-year-old to engage in sexual acts. He apparently forced the child to perform sexual acts upon him while they were in a hotel room. He also filmed the encounter with his cell phone. Police later found out about the man's conduct after someone found his abandoned cell phone and discovered child pornography on it. In Denver, Morgan County and everywhere else in Colorado, the man would face charges of Sexual Exploitation of a Child, C.R.S. 18-6-403.

Sexual Exploitation of a Child Charges in Arapahoe and Douglas County

In Arapahoe and Douglas County, Sexual Exploitation of a Child charges occur under many circumstances. These circumstances include if a person:

  1. 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
  2. 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; or
  3. Possesses or controls any sexually exploitative material for any purpose; except that this paragraph (3) does not apply to peace officers or court personnel in the performance of their official duties, nor does it apply to physicians, psychologists, therapists, or social workers, so long as such persons are licensed in the state of Colorado and the persons possess such materials in the course of a bona fide treatment or evaluation program at the treatment or evaluation site; or
  4. Possesses with the intent to deal in, sell, or distribute, including but not limited to distributing through digital or electronic means, any sexually exploitative material; or
  5. Causes, induces, entices, or permits a child to engage in, or be used for, any explicit sexual conduct for the purpose of producing a performance.

If the above story is true part (1) of the Sexual Exploitation of a Child statute would apply since the man is accused of inducing a 6-year-old child to engage in explicit sexual conduct (perform sex acts) and of making sexually exploitative material, or child pornography. Explicit sexual conduct includes sexual intercourse, erotic fondling, erotic nudity, masturbation, sadomasochism, or sexual excitement. Additionally, since the man is said to have recorded the sexual acts on his cell phone, it would be considered creating sexually exploitative material. Sexual Exploitation of a Child can be a class 3 felony, class 5 felony or class 4 felony in Colorado.

Police Forensic Searches in Jefferson County – Keep Quiet if Confronted by Police

If police obtain a search warrant after a Sexual Exploitation of a Child accusation in Jefferson County, they will search your electronic devices for any evidence to arrest you. They may search your computers, cell phone, iPad, or other device that may have pictures or videos on it. If you are confronted by police, do not answer any of their questions. Tell them you wish to speak to your attorney. Police are only always trying to gather evidence to be used in the prosecutor's case against you. Our criminal defense lawyers always advise you to remain silent in the presence of police.

Adams County Sexual Exploitation of a Child Lawyer if Facing Charges of Sexual Exploitation of a Child

If facing charges of Sexual Exploitation of a Child in Adams County or any other area in Colorado, contact the best criminal defense attorneys at the O'Malley Law Office right away. You cannot fight any charges alone or face the prosecution by yourself. Having a criminal defense lawyer with years of experience defending people charged with Sexual Exploitation of a Child and other sexual offenses in the courtroom is indispensable. Call our office today so we can meet with you and discuss your case in more detail.

Request a Free Consultation

If you or a loved one faces Sexual Exploitation of a Child charges in Colorado, be smart and exercise your right to remain silent. Then, contact an experienced criminal defense attorney at the O'Malley Law Office at 303-830-0880. Or, submit the “Get Help Now” form. Together, we can protect your future.

About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.

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