Colorado Sex Crime Attorney Blog

Sexual Exploitation of a Child Charges | Shaming of the Accused

Posted by Kyle B. Sawyer | Oct 25, 2018 | 0 Comments

News stations and police departments in Colorado love to highlight and shame those who have been charged with sex crimes. News reporters see it as a way to get more readers and police officers love to get a pat on the back for any arrest that they can. Even before someone has been convicted, they will release the person's name, show mugshots, and state any crime that the accused is being charged with. They don't seem to care that Colorado citizens are supposed to be considered innocent until proven guilty – they do whatever they can to be noticed, at the expense of those arrested. They particularly like to share when government employees are facing charges, such as was the case earlier this month when a firefighter in Colorado Springs was arrested on charges of Sexual Exploitation of a Child. His name, age, picture, charge, and place of work are all given in the article, even though he has yet to go to court.

Definition of Sexual Exploitation of a Child in Jefferson County

So what is Sexual Exploitation of a Child? In Jefferson County and throughout Colorado, Sexual Exploitation of a Child, C.R.S. 18-6-403, is defined as this:

(3)  A person commits sexual exploitation of a child if, for any purpose, he or she knowingly:

(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)  Prepares, arranges for, publishes, including but not limited to publishing through digital or electronic means, produces, promotes, makes, sells, finances, offers, exhibits, advertises, deals in, or distributes, including but not limited to distributing through digital or electronic means, any sexually exploitative material; or

(b.5)  Possesses or controls any sexually exploitative material for any purpose; except that this subsection (3)(b.5) does not apply to law enforcement personnel, defense counsel personnel, or court personnel in the performance of their official duties, nor does it apply to physicians, psychologists, therapists, or social workers, so long as such persons are licensed in the state of Colorado and the persons possess such materials in the course of a bona fide treatment or evaluation program at the treatment or evaluation site; or

(c)  Possesses with the intent to deal in, sell, or distribute, including but not limited to distributing through digital or electronic means, any sexually exploitative material; or

(d)  Causes, induces, entices, or permits a child to engage in, or be used for, any explicit sexual conduct for the purpose of producing a performance.

Penalty for Sexual Exploitation of a Child in Arapahoe County

The penalties for Sexual Exploitation of a Child in Arapahoe County are severe. The crime is charged as a class 3 felony (a class 5 felony if by possession of sexually exploitative material [b.5 above], and a class 4 felony if it is a second or subsequent offense, or if the possession is of “a video, recording or broadcast of moving visual images, or motion picture or more than twenty different items qualifying as sexually exploitative material.”) The sentence for a class 3 felony ranges from 4 – 12 years in prison and a fine between $3,000 and $750,000, not to mention parole, registering as a sex offender, and having to undergo sex offender treatment.

Charged with Sexual Exploitation of a Child in Adams County and Need a Lawyer?

If you are facing charges of Sexual Exploitation of a Child in Adams County or anywhere in Colorado, our lawyers are here to help. If contacted by police, exercise your right to remain silent – they are not your friend and are not trying to help you. Call us 24/7 at 303-830-0880. Together, we can protect your future.

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About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.

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