According to the news, a 37-year-old man allegedly tried recording a child who was using the bathroom. Police reported that the child and his father were using the bathroom urinals when the man allegedly came up next to the boy. The man pretended to urinate and shortly after took out a camera to record the boy. The man was arrested soon after and charged with Sexual Exploitation of a Child. However, in Denver, Jefferson County, Ouray County and every other county in Colorado, these charges may not fit the crime.

Sexual Exploitation of a Child in Arapahoe County, Colorado, C.R.S. 18-6-403

Sexual Exploitation of a Child, C.R.S. 18-6-403, is a complex sexual offense and is charged under many different circumstances in Arapahoe County, Douglas County and everywhere else in Colorado. It is charged [pullquote align=”right” textalign=”right” width=”35%”]Once again, police and DAs charge the wrong crime.[/pullquote]whenever a person is in possession of child pornography or other sexually exploitative material, causes children to be engaged in the sexually exploitative material, or tries to share the sexually exploitative material in some way. Sexually exploitative material includes any photograph, motion picture, video, recording or broadcast of moving visual images, print, negative, slide, or other mechanically, electronically, chemically, or digitally reproduced visual material that depicts a child engaged in, participating in, observing, or being used for explicit sexual conduct. It would be tough for prosecutors to prove the man caused or enticed the child to be used for explicit sexual conduct (which includes sexual intercourse, erotic fondling, erotic nudity, masturbation, sadomasochism, or sexual excitement). A more appropriate charge would probably be Invasion of Privacy for Sexual Gratification, C.R.S. 18-3-405.6.  Once again, trying to make a big splash, police and District Attorneys charge the wrong crime.

Invasion of Privacy for Sexual Gratification in Adams County, Colorado: Man Filmed Boy Without Consent

In Glendale, Federal Heights, Adams County and every other part of Colorado, Invasion of Privacy for Sexual Gratification is charged when a person observes another person's intimate parts without their consent and when they expect privacy, for the observer's sexual gratification. Since the man was allegedly trying to film the boy using the bathroom, it's more likely he would be charged with Invasion of Privacy for Sexual Gratification. Invasion of Privacy for Sexual Gratification is normally a class 1 misdemeanor extraordinary risk crime, but since the man was allegedly observing a child under the age of 15 and he was more than four years older than the child, it would be a class 6 felony charge.  This is the more appropriate charge in this case.

Charged with Sexual Exploitation of a Child? Contact a Denver Attorney

If you've been charged or accused of Sexual Exploitation of a Child or Invasion of Privacy for Sexual Gratification in Denver, Highlands Ranch, Parker or any other city of Colorado, act quickly and call an experienced criminal defense lawyer right away. You can't afford to fight any charges or accusations of Sexual Exploitation of a Child or Invasion of Privacy for Sexual Gratification alone. Contact the top criminal defense lawyers at the O'Malley Law Office to defend your future today.

Request a Free Consultation

If you have been charged with Sexual Exploitation of a Child or Invasion of Privacy for Sexual Gratification in Colorado, be smart and remain silent. Don't talk to police or answer any of their questions.  Instead, call the best criminal defense attorneys at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.

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