Colorado Sex Crime Attorney Blog

Police Want to Take Explicit Photos in Sexting Case

Posted by Kyle B. Sawyer | Aug 01, 2014 | 0 Comments

In a recent sexting case, police want to take explicit photos of a teen. Read more in our blog.
Our justice system is going to disgusting lengths to catch “sex offenders” in our nation. In a recent case in Virginia, the police were prepared to issue a search warrant allowing them to produce and view child pornography. This is a crime – in Colorado, a person would be charged with Sexual Exploitation of a Child – C.R.S.18-6-403, which results in sex offender registration and treatment in Denver, Jefferson, and Adams County. Don't believe me? As an experienced criminal defense attorney, I've seen just how far the government will go to appear “tough” on sex offenders. Let's look closer at this case to illustrate my point.

Sexting is Normal Behavior: Why Is it Being Harshly Prosecuted?

According to the report, the case began when a 15-year-old girl sent photos of herself to her 17-year-old boyfriend. In return, the boy sent a sexual video back. The girl's mother saw the video, and called the police. The young man was arrested, and is now facing criminal charges. If convicted on the sexting case, the boy could be incarcerated and added to the sex offender registry for the rest of his life. Sexting is normal behavior, especially for young teens. If convicted, the boy's life will be forever changed – he will face many negative consequences. The boy's criminal defense attorney sums up perfectly how we feel:

The prosecutor's job is to seek justice. What is just about this? This is a 17-year-old who goes to school every day, plays football, has never been in trouble with the law before. Now he's saddled with two felonies and the implication that he's a sexual predator.

This young man isn't a sexual predator. His girlfriend sent him pictures before he sent the video. But, she hasn't been charged! We shouldn't criminalize normal behavior which is the result of our sex-crazed culture. This young man's life will be forever impacted because the court wants to appear like they're protecting society. This isn't justice.

[pullquote align=”center” textalign=”center” width=”80%”]The police want to exploit a teen to charge him with a crime.[/pullquote]

Police Want to Create Child Porn to Fight Child Porn?

Here's the real kicker in this case – the police have already taken photographs of this boys genitals against his will. And, apparently even this wasn't enough: Next they wanted to take him to a hospital to inject him with a drug which would cause an erection, so they could get pictures. Then, they would “use special software to compare” the new pictures with the video the young man sent his girlfriend. I'm not making this up. The police want to create child porn to fight child porn. The purpose of laws against sexually explicit media involving children is to protect children. In this case, they want to exploit a 17-year-old. We agree with his defense attorney: Getting an erection in front of cops and taking photos – “that's traumatizing.”

Taking Explicit Photos of Children: How Far the Police Will Go to Get Evidence

The police were willing to essentially commit a crime in order to solve another “crime.” The court appointed guardian says it well:

They're using a statute that was designed to protect children from being exploited in a sexually explicit manner. The irony is incredible. As a parent myself, I was floored. It's child abuse. We're wasting thousands of dollars and resources and man hours on a sexting case. That's what we're doing.

This is how law enforcement, District Attorneys, and judges are operating across the U.S. If you or your child has been charged with a sex crime in Arapahoe, Elbert, or Douglas County, don't hesitate to contact an experienced criminal defense attorney. We have a complete understanding of criminal law, sexual crimes, and we know how far the police and DA will go to get a conviction. Don't stand alone in court. We will be with you every step of the way, and will fight hard to protect your future.

Request a Free Consultation

If you or a loved one has been charged with a sex crime, 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. Together, we can protect your future.

Image courtesy of happykanppy /

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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