Image Credit: Pixabay – succo

I'm not sure if you've heard about this story, but it was enough to make me question our justice system. A 17-year-old male and his 16-year-old girlfriend, are facing charges of Sexual Exploitation of a Child. Why? They had nude images on their phones—of themselves. The two teens were sexting each other for a while, but it wasn't until police searched the boyfriend's phone that the images were discovered.

Possessing Nude Pictures in Jefferson County

According to C.R.S. 18-6-403(2)(j), the nude images of themselves could be sexually exploitative material because they're photographs that depict a child engaged in, participating in, observing, or being used for explicit sexual conduct.

In Jefferson and Adams County, explicit sexual conduct, C.R.S. 18-6-403(2(e) includes sexual intercourse, erotic fondling, erotic nudity, masturbation, sadomasochism, or sexual excitement.

Nevertheless, this law is being applied too broadly to charge the teens with Sexual Exploitation of a Child. The relevant part of the statute to explain their charges is C.R.S. 18-6-403(3)(b.5). Part of it says:

a person commits sexual exploitation of a child if, for any purpose, he or she knowingly possesses or controls any sexually exploitative material for any purpose; except that paragraph (b.5) 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 possess such materials in the course of a bona fide treatment or evaluation programs at the treatment or evaluation site.

So having a nude picture of yourself on your phone, even if you don't share it with anyone, is enough to face felony charges of this crime. Has our government gone crazy? I don't see the logic behind that, especially because many of us know full well what our own nude bodies look like. I find this story a bit unbelievable.

[pullquote align=”center” textalign=”center” width=”70%”]If you're facing ridiculous sex crime charges, you need an aggressive lawyer who will fight for you.[/pullquote]

Douglas County Child Sexual Exploitation: Playing the Defendant and the Victim

Even more ridiculous is the fact that the teens are the actors and the victims. They knowingly possessed sexually exploitative material (explicit material involving children), yet the material involved them.

And, to be charged with Sexual Exploitation of a Child in Douglas and Arapahoe County, a “child” would be anyone less than eighteen years of age. The two teens were seventeen years of age. So, they qualify as children victims of sexual exploitation, while also being the actors committing the crime. This seems a little dramatic.

Overall, it's truly a strange situation if you ask me. While it's not the best idea for teens to send or keep explicit pictures of themselves or each other on their phones when they're dating, I don't think they should face criminal charges for doing so. If you or your child is facing charges of Sexual Exploitation of a Child, consult an expert sex crimes defense lawyer immediately. There is too much at stake. You need an aggressive lawyer who will fight against ridiculous sex crime charges.

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If contacted by police in Denver regarding Sexual Exploitation of a Child charges, exercise your right to remain silent and call us at 303-830-0880, or submit the “Get Help Now” form. Together, we can protect your child's future.