A 15-year-old girl in Florida was arrested after she took a video of another girl (who was a friend of hers) engaging in a sexual act with a high school boy. She kept the video after the event. A few months later, the two girls fought, and their friendship ended. The 15-year-old girl who took the video began to showing it to people, and sending it to fellow classmates as revenge against her former friend. Now, she is being charged with a felony. The Colorado equivalent would be Sexual Exploitation of a Child – C.R.S. 18-6-403, or possession of child pornography in Denver, Adams or Arapahoe County.

What is Sexual Exploitation of a Child / Possession of Child Pornography in Colorado?

Sexual Exploitation of a Child is charged when a person is found in possession of, or creates sexually explicit images or video of a child under the age of eighteen. If a video or a photo shows a child “engaged in, participating in, observing, or being used for sexually explicit conduct,” then it is considered to be child pornography (not that this law does not say “nude image of a child”). The girl in Florida not only permitted a “child to engage in sexual conduct for the making of…sexually exploitative material,” and distributed it “through electronic means,” she possessed the pornography. In Jefferson or Douglas County, the girl would be charged with a Class 4 felony.

Why You Need a Sex Crimes Lawyer in Denver

The consequences are harsh if you are convicted of sexual exploitation of a child. If convicted, you will be required to register as a sex offender, and undergo sex offender treatment. The Sex Offender Management Board (SOMB) oversees treatment, and views all sex offenders as incurable, “dangerous,” “covert, deceptive and secretive.” A juvenile cannot be convicted, but rather is adjudicated a juvenile delinquent (they are treated less harshly, but must still register as a sex offender and undergo treatment if found guilty). Sexual awareness in kids is beginning at a much earlier age, while wise judgment is not as developed.

Sexting is becoming more and more common among teenagers. Your son's girlfriend could send nude photos of herself to him, and he could be charged with juvenile Sexual Exploitation of a Child. He could be labeled as a dangerous sex offender. If you or your child has been charged with possession of child pornography, it is vital that you work with an experienced sex crimes attorney at our office. We have dealt with many child pornography cases, and often we can get a case dismissed, or work out a favorable plea agreement.

If you have been charged with Sexual Exploitation of a Child in Broomfield or Larimer County, be smart, exercise your right to remain silent, and 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.

Source: New York Daily News – http://www.nydailynews.com/news/crime/girl-charged-child-porn-felony-photo-article-1.1389063#ixzz2bOVzHCyn

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