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Historically, any time a person possessed a nude or sexually explicit image of a person under the age of 18, it was charged as felony Sexual Exploitation of a Child, or child pornography. However, after teenagers were being charged with this serious sexual offense, lawmakers called for reform – specifically, a new statute that would apply to a juvenile possessing, posting, or exchanging private images. This new law goes into effect on January 1, 2018 in Denver and Adams County.

Douglas County Posting a Private Image by a Juvenile Lawyer

Similar to the revenge porn law in Douglas and Arapahoe County, Posting a Private Image by a Juvenile – C.R.S. 18-7-109(1) – is defined as:

A juvenile commits the offense of posting a private image by a juvenile if he or she, through digital or electronic means:

(a) Knowingly distributes, displays, or publishes to the view of another person a sexually explicit image of a person other than himself or herself who is at least fourteen years of age or is less than four years younger than the juvenile:

(I) Without the depicted person's permission; or

(II) When the recipient did not solicit or request to be supplied with the image and suffered emotional distress; or

(III) When the juvenile knew or should have known that the depicted person had a reasonable expectation that the image would remain private; or

(b) Knowingly distributes, displays, or publishes, to the view of another person who is at least fourteen years of age or is less than four years younger than the juvenile, a sexually explicit image of himself or herself.

Posting a Private Images by a Juvenile can be charged as a class 1 or class 2 misdemeanor

Jefferson County Possessing Private Images by a Juvenile Attorney

The Jefferson County, Colorado law definition of Possessing a Private Image by a Juvenile – C.R.S. 18-7-109(2)

A juvenile commits the offense of possessing a private image by a juvenile if he or she, through digital or electronic means, knowingly possesses a sexually explicit image of another person who is at least fourteen years of age or is less than four years younger than the juvenile without the depicted person's permission.

This crime is a petty offense, unless the juvenile had 10 or more images of at least 3 people, which is a class 2 misdemeanor.

If your child has been charged with Sexting or Posting or Possessing a Private Image by a Juvenile, be smart, exercise their right to remain silent, and contact the best juvenile defense attorneys from the O'Malley Law Office at 303-830-0880. Together, we can protect your future.