Sexual Exploitation of a Child is charged in Fort Collins and Larimer County when a person is involved with child pornography. This criminal charge can range from simple possession of pornographic images to creating the images or allowing a child to be used for creating these images. A Colorado middle school teacher was recently arrested and charged with this crime. According to the report, the school district stated that it was not related to the school or any of the students. It’s likely, as we have seen with MANY other cases, that law enforcement was monitoring certain programs where child pornography is shared and tracing those images to IP addresses, requesting warrants, and then making arrests.
Larimer County Possession of Child Pornography Attorney: Definition of Child Sex Exploitation in Colorado
The Larimer County, Colorado law definition of Sexual Exploitation of a Child – C.R.S. 18-6-403 – 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) 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.
Most often, we see these cases charged under subsection (b.5) – possessing the images or videos. The problem sometimes arises where the program being used also shares the downloaded images and videos. This is a higher level felony charge when charged under subsection (c).
If you or someone you love has been charged with Child Sex Exploitation, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule your free initial consultation. Together, we can protect your future.
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