Today, I read a news story about a case of child sexual exploitation. The National Center for Missing and Exploited Children reported suspicious internet activity related to a man's social media account. Following an investigation, the man was arrested on suspicion of having illegal images of children in his possession. In Douglas, Arapahoe County and across Colorado, the man would likely face charges of Sexual Exploitation of a Child.
Colorado Child Sexual Exploitation
The definition of Sexual Exploitation of a Child, C.R.S 18-6-403, in Jefferson and Adams County is:
A person commits sexual exploitation of a child if, for any purpose, he or she knowingly:
- 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
- Prepares pornography or other sexually exploitative materials that include children under eighteen years of age;
- Possesses with the intent to deal in, sell or distribute any sexually exploitative material through digital or electronic means;
- Causes, induces, entices or permits a child to engage in or be used for, any sexual conduct for the purpose of producing a performance.
Sexually exploitative material in this definition is a bit broad. According to Colorado law, this includes:
any photograph, motion picture, video, video tape, print, negative, slide, or other mechanically, electronically, chemically, or digitally reproduced visual material that depicts a child engaged in, participating in, observing, or being used for explicit sexual conduct.”
Because the man was found with illegal child pictures in his possession, he could face charges of Sexual Expoitation in Aurora or Broomfield. It is also likely that he could face these charges if he caused or enticed a child to be part of the child images, because child images labeled as pornography could include a photograph, motion picture or video. And, if he had the intent to share the illegal child images with others or sell it, he could also face charges of Sexual Exploitation of a Child.
Denver Sentencing for Sexual Exploitation of a Child
|Possession of sexually exploitative material||Class 6 Felony Sexual Exploitation of a Child||1-18 months in the Colorado Department of Corrections and $1,000 to $100,000 in fines|
|Second or subsequent offense of possessing sexually exploitative material, or the possession of more than 20 different sexually exploitative items||Class 4 Felony Sexual Exploitation of a Child||2-6 years in the Colorado Department of Corrections and $2,000 to $500,000 in fines|
|Knowingly causing a child to engage in or be used for explicit sexual conduct for performance purposes||Class 3 Felony Sexual Exploitation of a Child||4-12 years in the Colorado Department of Corrections and $3,000 to $750,000 in fines|
A Related Crime in Denver: Internet Sexual Exploitation of a Child
It is unclear what the man was doing with nude images involving kids, but he was first suspected of child sexual exploitation because of his social media account. So, it is possible that he could also be facing charges of Internet Sexual Exploitation of a Child. If he was discovered communicating with children online, over text or instant message, and enticing them to expose, touch or observe their own or another person's intimate parts, he could be charged with Internet Sexual Exploitation of a Child.
Why You Need a Criminal Defense Lawyer for Child Sexual Exploitation
Sexual Exploitation of a Child and Internet Sexual Exploitation of a Child are sex offenses in Colorado and require anyone convicted to register as a sex offender and follow harsh sex offender treatment rules of the Sex Offender Management Board. Though the sentencing for these crimes can be harsh, the crimes themselves are defensible when managed early on by a criminal defense attorney. Don't wait if you have been contacted regarding Sexual Exploitation of a Child or Internet Sexual Exploitation of a Child – involve an experienced attorney from Denver early on in your case.Request a Free Consultation