We are often asked: “What is sexual exploitation of a child?” To put it simply, sexual exploitation of a child is child pornography. Whether you simply have child pornography in your possession, or whether you created it, you will be charged with Sexual Exploitation of a Child – C.R.S. 18-6-403 in Denver, Adams and Douglas County. Colorado has strict laws regarding sex offenders, and you will be required to register as a sex offender and undergo sex offender treatment if you are convicted.

What is Sexual Exploitation of a Child: Child Pornography Explained

You will be charged with sexual exploitation of a child (a child is any person who is under 18) if you possess child pornography (videos, pictures, etc.) for any purpose. Child pornography is not merely child nudity – which is protected speech. It is child nudity where sexual conduct is being displayed. This is known in Colorado as “explicit sexual conduct.” “Explicit sexual conduct” is defined as “sexual intercourse, erotic fondling, erotic nudity, masturbation, sadomasochism, or sexual excitement.” The law makes exceptions for peace officers, court personnel, physicians, psychologists, therapists and social workers if they are licensed).

Colorado statute (C.R.S. 18-6-403) explains: “…In order to stop the sexual exploitation and abuse of our children, it is necessary for the state to ban the possession of any sexually exploitative materials; and that the state has a compelling interest in outlawing the possession of any sexually exploitative materials in order to protect society as a while, and particularly the privacy, health and emotional welfare of its children.”

You will also be charged with sexual exploitation of a child for creating child pornography in Jefferson, Arapahoe and Broomfield County. Colorado statute states a person will be charged if they:

• Cause, induce, entice, or permit a “child to engage in, or be used for, any explicit sexual conduct for the making of any sexually exploitative material,” or “prepares, arranges for, publishes” (digitally, electronically, etc.), “produces, promotes, makes, sells, finances, offers, exhibits, advertises, deals in or distributes” child pornography.

Sentencing for Child Pornography Charges

 – Prison Time

You will be charged with either a class 3, class 4, or class 6 felony (depending on the circumstances, including type of media in possession, and whether or not you created the child pornography), and face from 1-12 years in the Colorado Department of Corrections.

 – Registering as a Sex Offender

Regardless of the level of your offense, you will be required to register as a sex offender in Larimer and Weld County. You will have to register until a set time after your probation, and then you must petition the court to discontinue registration, or you will be charged with Failure to Register.

– Undergo Sex Offender Treatment

You will also be required to go through a sex offender treatment program overseen by the Colorado Sex Offender Management Board (SOMB). The SOMB believes all sex offenders (regardless of the level of offense) are dangerous and cannot be cured.

Request a Free Consultation

We hope we have answered your question: “What is sexual exploitation of a child?” The consequences of a conviction of possession of child pornography can be devastating. It is vital that you work with an experienced sex crimes defense lawyer who can fight on your behalf. If you have been contacted by police, 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.

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