Fort Collins Sexting Attorney | New Law for Consensual Sexting?

Colorado lawmakers are discussing changing the child porn law so that teenagers involved in consensual sexting would not be facing felony charges. Read more about it here.
Colorado lawmakers are discussing changing the child porn law so that teenagers involved in consensual sexting would not be facing felony charges. Read more about it here.
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While it’s been in the works for some time now, Colorado lawmakers are currently revisiting the Sexual Exploitation of a Child law especially as it pertains to teenagers and sexting. Currently, if a Fort Collins, Loveland, or Estes Park teenager under the age of 18 sends a naked picture or receives a naked picture from another underaged person, it is a felony crime. These situations are charged the same as a person going online and searching for child pornography. In essence, under current Colorado law, these teens are charged for creating and distributing child pornography. I mean, come on, that’s a crazy stretch, right? A 16-year-old boy sexts a naked picture to his 16-year-old girlfriend and he gets charged for creating child pornography and she gets charged for possession of child porn? That doesn’t seem right and thankfully it seems lawmakers agree.  

Larimer County Sexting Lawyer: Arguments Over New Law and Consensual Sexting

Of course, with any change in the laws, much conversation and debating occurs over how the law should change, what specifically can be amended, and punishments related to these changed laws. Some lawmakers argue that consensual sexting between teens should not be a crime at all. Others feel that just because we know it is done, doesn’t mean it should be condoned and that there should still be some legal repercussions for participating in sexting in Larimer, Boulder, and Grand County.  Rather than a felony sexual offense, perhaps there could be an educational requirement component, such as is done with Minor in Possession of Alcohol cases.  Once completed, the teens’ record could be cleared.

Fort Collins Sexual Exploitation of Children Lawyer:  Sentencing for New Sexting Law

According to a news report, the new law regarding consensual sexting would likely charge teens with a low-level misdemeanor or petty offense. However, it has also been proposed that the law allow district attorneys discretion to charge these types of cases as a felony or a misdemeanor depending on the circumstance. I would imagine that consensual sexting would be the misdemeanor, while non-consensual (through bribery, threats, intimidation, etc.) would result in the felony charge. Some are arguing that education would be a vital piece, which is something I have always felt. Many times, these teens don’t realize that their actions constitute criminal behavior. They don’t consider it child pornography when they take a picture of themselves. Knowledge is power in preventing these cases.  

If you or your child has been charged with Sexual Exploitation of a Child for Sexting, 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 today. Together, we can protect your future.