Possessing a private image by a juvenile is a crime in Denver that involves minors having intimate photos of others on their devices. Unless a teenager takes certain actions after receiving or taking explicit photos, they can face criminal charges. A key element of this offense is that the depicted person didn't consent to others having the images on their smartphone or tablet. If your son or daughter has been accused of a juvenile sexting offense such as this, contact an experienced sex crimes attorney as soon as possible.
What is Possessing a Private Image by a Juvenile in Colorado?
C.R.S. 18-7-109 addresses juvenile sexting crimes throughout the state of Colorado. The specific section that addresses a juvenile possessing a private image is found below:
“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; except that it is not a violation of this subsection if the juvenile:
- took reasonable steps to either destroy or delete the image within seventy-two hours after initially viewing the image; or
- reported the initial viewing of such image to law enforcement or a school resource officer within seventy-two hours after initially viewing the image.”
It is important to note here that deleting or reporting the sexually explicit photos within 72 hours can protect your child from this charge. However, we all know how teenagers often distribute this material to others in that moment of feeling shock or surprise. This further complicates the situation and distribution or posting charges can result.
How Serious is Juvenile Possession of a Private Image?
When a minor is accused of possessing a private image in Denver, they face a petty offense. However, if your teenager was in possession of 10 or more images that depicted 3 or more different people, a class 2 misdemeanor applies. Hiring a skilled defense lawyer can be especially beneficial to your child and their defense to these charges.
Juvenile Sexting Lawyer in Denver
Allegations of juvenile sexting in Colorado can be particularly stressful for teenagers and their parents. The laws surrounding possession and distribution are complex and sometimes confusing. Remember that law enforcement needs parental permission to speak with your son or daughter about a juvenile sexting situation. Deny police this opportunity by exercising the right to remain silent. Then, contact our office for a free initial consultation. We will thoroughly analyze your child's juvenile sexting circumstances and recommend next steps. We offer affordable fees and flexible payment plans for minors facing any sex crime charges in Colorado.
So, if your teen or a child close to your family is facing a juvenile sexting charge in Colorado, be smart. Contact the determined defense attorneys at Sawyer Legal Group, LLC at 303-830-0880. Together, we can protect your future.
Photo by Andrea Piacquadio