Sexting, or sending sexually exploitative pictures and text messages, is only a crime when the pictures are of a person under the age of 18 in Denver or Douglas County. A politician was recently convicted of sexting with a 15-year-old, encouraging her to send him naked pictures of herself. He was sentenced to just under 2 years in federal prison. We have seen similar cases in Denver, Aurora, and Castle Rock and often cases with comparable circumstances are charged as Sexual Exploitation of a Child – or child pornography. Other internet sex crimes, like Internet Luring of a Child or Internet Sexual Exploitation of a Child would not apply because of the victim’s age.
Denver Sexual Exploitation of a Child Attorney: Definition of Sexual Exploitation of a Child in Arapahoe County
The Denver, Arapahoe, and Douglas County, Colorado law definition of Sexual Exploitation of a Child as it applies to the case above – C.R.S. 18-6-403(3)(a) and (b.5) – is:
(a) Causes, induces, entices, or permits a child to engage in, or be used for, any explicit sexual conduct for the making of any sexually exploitative material; or
(b.5) Possesses or controls any sexually exploitative material for any purpose;
The politician encouraged and requested the 15-year-old to create sexually explicit material and then held in his control the images sent by the girl. This means he could be charged for a violation under both part (a) and part (b.5).
Sentence for Sexual Exploitation of a Child in Jefferson and Adams County
For a violation of part (a) above, Adams or Jefferson County Sexual Exploitation of a Child is a class 3 felony punishable by 4 to 12 years in the Colorado Department of Corrections. For a violation of part (b.5) – possessing child pornography – the sentencing ranges are as follows:
- Class 5 felony – 1 to 3 years in the Colorado Department of Corrections; or
- Class 4 felony for a second or subsequent offense or if you possess more than 20 sexually explicit items – 2 to 6 years in the Colorado Department of Corrections.