In the past, Sexual Exploitation of a Child in Denver (C.R.S. 18-6-403) was most commonly charged for child pornography distributors in Adams and Arapahoe County. Over time, however, it has become popular for the Denver, Douglas, and Jefferson County sheriff deputies and police to charge this offense against boys and girls who have received nude pictures from their friends over their phones – whether or not they were asked to do so. This phenomenon is part of the rise of sexting in our culture.  Sexual Exploitation of a Child in Denver is charged when a person possesses or controls sexually exploitative material (images, video, or any other visual material) that depicts a child under 18 in a sexual manner.

What is Sexting in Denver, Aurora, Arvada and throughout Colorado?

Sexting is when someone sends sexually explicit images or messages to another person, primarily using mobile phones. Sexting is becoming more and more common in our culture. In a study by the National Campaign to Prevent Teen and Unplanned Pregnancy, it was found that:

• 20% of teen's ages 13-19 years of age sent or posted nude or semi-nude photos of themselves to other people, or online.
• The images were sent mostly to current boyfriends or girlfriends, but 21% of teen girls and 39% of teen boys said they sent nude images to someone they wanted to date or hook up with.
• 15% of teens sent or posted these images of themselves to someone they only knew online.

Twisting the Law: Sexual Exploitation in Denver Should be for Child Porn, not Sexting

Here at the O'Malley Law Office, we believe it is important for society to stop the creation and distribution of child pornography. But, charging boys who receive nude pictures of girls (often without asking) is wrong. Child pornography involves men victimizing children – not girls who proposition boys in high school. The Colorado legislature needs to recognize the difference between men who are creating, distributing, and shopping for sexual images and video of children, and boys who receive unsolicited nude pictures of high school girls who are interested in them. We don't want children in Broomfield, Highlands Ranch or Littleton to be victims of sex offenders. Why, then, are we victimizing boys and girls by making sex offenders out of them? Being labeled as a sex offender is very damaging. I have represented young boys who have been required by the government to undergo sex offender treatment. They have to go into isolation at school, must be constantly watched by parents, and are often ostracized by classmates: All because of sexting. This is especially ludicrous when the girl voluntarily sent the image to the boy! Law enforcement agencies can use laws in Colorado for their intended purpose, but they can also abuse them. Our police need to stop charging kids for being kids, simply for the sake of career advancement. We need to find more appropriate ways to charge kids for innocent, normal behavior. We are setting up our kids to fail by labeling them as sex offenders.

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If you or your child has been charged with Sexual Exploitation of a Child in Denver or the surrounding area, call an experienced 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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