I know that at the O’Malley Law Office, we were thrilled when the new juvenile sexting law – Posting, Possession, or Exchange of a Private Image by a Juvenile – went into effect because it protected teens from being charged with the felony child pornography crime. However, there is a caveat to the law that leaves certain kids and teens vulnerable to the harsher crime. For example, if a 13-year-old took a photo of herself naked and sent it to another 13-year-old, who then posted it on Snapchat, these two would face the Sexual Exploitation of a Child charges. While this sounds like a perfect example of why we need the juvenile version of this crime, the two students would not be eligible, due to their age. Let’s look at the law to find out why.
Larimer County Posting of a Private Image by a Juvenile: What are the Age Requirements in Boulder County
The Larimer and Boulder County, Colorado law definition of Posting a Private Image by a Juvenile – C.R.S. 18-7-109 – is:
(a) Knowingly distributes, displays, or publishes to the view of another person a sexually explicit image of a person other than himself or herself who is at least fourteen years of age or is less than four years younger than the juvenile:
(I) Without the depicted person’s permission; or
(II) When the recipient did not solicit or request to be supplied with the image and suffered emotional distress; or
(III) When the juvenile knew or should have known that the depicted person had a reasonable expectation that the image would remain private; or
(b) Knowingly distributes, displays, or publishes, to the view of another person who is at least fourteen years of age or is less than four years younger than the juvenile, a sexually explicit image of himself or herself when the recipient did not solicit or request to be supplied with the image and suffered emotional distress.
Basically, the person pictured must be at least 14 years old. This means that anyone 10, 11, 12, or 13 cannot be charged with this offense – a petty offense, and instead is left to face the felony Sexual Exploitation of a Child charge. One would be charged for creating child pornography by taking the image of herself and the other would be charged with distributing child pornography for sharing the image.
If you or a loved one has been charged with Posting a Private Image by a Juvenile or Sexting, contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 today.
Photo by Sharon McCutcheon on Unsplash