Colorado Sex Crime Attorney Blog

Possessing Child Porn in Denver | Criminal Defense

Posted by Kyle B. Sawyer | Mar 16, 2023 | 0 Comments

Possessing Child Porn

Possessing child porn in Denver is an especially serious offense with devastating ramifications. Anyone with sexually explicit material involving juveniles on their smartphone, tablet, or computer is susceptible to criminal charges. Having printed pictures or recordings applies as well. While slightly less serious than distributing or producing these explicit items, being in possession child pornography is still a costly felony offense in Colorado. An allegation of sexual exploitation of a child requires strategic representation from an experienced sex crimes attorney.

Denver Child Pornography Law

Denver's child pornography law prohibits possession, distribution, and creation of sexually explicit material involving anyone under the age of 18. Specific to possession in places like Denver, Stapleton, and Lodo, C.R.S. 18-6-403 states:

  • “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 this does not apply to law enforcement personnel, defense counsel personnel, 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 are licensed in the state of Colorado and the persons possess such materials in the course of a bona fide treatment or evaluation program at the treatment or evaluation site,
    • or possesses with the intent to deal in, sell, or distribute, including but not limited to distributing through digital or electronic means, any sexually exploitative material.”

Exploitative material includes photos and videos that show minors 17 and under participating in erotic fondling, erotic nudity, masturbation, sexual arousal, and intercourse. Buying used electronic devices and visiting untrustworthy websites can sometimes result in material and files you didn't intend to have in your possession. Too often adults face impactful criminal charges for items they didn't know they possessed or had never viewed.

Penalties for Possessing Child Porn in Denver

Possessing child porn in Denver, Park Hill, or Green Valley Ranch is either a class 4 or 5 felony, depending specific facts of the situation. Having a small amount of pics or still images is a class 5 felony and can result in:

  • up to 3 years in the Colorado Department of Corrections,
  • fines of $1,000 – $100,000

However, being in possession of 20+ items, video / moving images, or a second possession crime is a class 4 felony. This can as much as double the time in prison and significantly amplify the fines. Additionally, sexually exploiting a child leads to sex offender registration, costly evaluation / treatment, and years of strict supervision after release from jail or prison. RSOs often face other hurdles including issues finding stable work, renting or buying a place to live, and significant community isolation.

Denver's Best Sex Crimes Attorneys

Finding the best sex crimes attorney is essential when facing allegations of possessing child pornography. Look no further than the strategic criminal lawyers at Sawyer Legal Group for representation in your case. Our results truly stand alone. Perhaps you didn't know you were in possession of the material or the photos / videos weren't explicit. Nonetheless, contact our office right away for a free consultation. We offer affordable fees and flexible payment plans for those facing sex crime allegations throughout Colorado.

Don't talk to police about possession of child porn allegations - talk to us. 303-830-0880

Photo by Lucian Novosel on Unsplash

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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