It used to be that if a person was charged with Sexual Exploitation of a Child – C.R.S. 18-6-403, it was because they were distributors of pornography. It has quickly become a favorite charge against boys in Denver, Adams and Jefferson County, however. Why this enormous shift in the type of people who are being convicted of this sex offense? The answer: The rise of sexting in our culture.

Sexting: More Common Than You Think

Sexting is becoming a common pastime with teenagers in this modern world. Smartphones with cameras and parents footing an expensive bill mean that kids have access to a whole new world that hasn't been available in the past. Girls are becoming increasingly less confident due to the inaccuracies of the representation of women in the media (using programs such as Photoshop), so they often seek affirmation by sending nude pictures of themselves to boys who catch their eye. Often, the boys didn't solicit this kind of attention in the first place.

Sexting Can Be a Dangerous Pastime in Denver

Unfortunately for these unknowing teenage boys and girls, they will face serious consequences if they are caught with the photo on their phone in Arapahoe, Douglas or Broomfield County. Boy's and girl's lives have been destroyed because of sexting. They are required by the government to undergo invasive sex offender treatment, are removed from their homes because they have younger siblings, and must go into isolation at high school.

Sexting = Sexual Exploitation of a Child

Sexual Exploitation of a Child – C.R.S. 18-6-403 is charged when a person is in possession of “sexually exploitative materials” (photo, video, etc.) that “depicts a child engaged in, participating in, observing, or being used for explicit sexual conduct.” Boys who receive sexual pictures from girls and vice versa, should not be treated the same as the makers of child pornography, however. But, according to our laws in Denver, Littleton and Aurora – they will be viewed the same, and will undergo the same treatment.

Why You Need An Experienced Sex Crimes Lawyer

There is a defense to allegations of Sexual Exploitation of a Child. The image must be sexual in nature – nudity does not in and of itself mean that a crime was committed. Because of the serious nature of this sex offense, it is vital for you or your son's or daughter's future that you work with a criminal defense attorney who has experience with sexting cases, and who can be your advocate in court.

Request a Free Consultation

If you or a loved one has been arrested for sexual exploitation of a child after a sexting incident, be smart and exercise your right to remain silent. Then, 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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