I have written numerous blogs on the topic of sexting and the harsh punishment related to the current Colorado law known as Sexual Exploitation of a Child. The fact is, many teenagers are becoming convicted felons who are required to register as sex offenders because the law does not appropriately address the juvenile issue. Kids have so much access to technology and social media, they share pictures of themselves and end up getting charged with Child Pornography – not the intent of the lawmakers. Finally, someone seems to be addressing the issue. Colorado lawmakers are seeking to modify the sexting laws in order to make sending a nude picture of yourself or someone else a misdemeanor for juveniles. In looking at the language of the Sexual Exploitation of a Child statute (which is available below), it is not meant to punish teenagers for doing teenagery things. It is meant to protect kids from predators. The wrong people are being punished under the current law.
Larimer County Sexual Exploitation of a Child Lawyer – How Does Sexting Fit In?
The 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; 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.
As you can see, this law is very broad and technically would cover a 16-year-old girl sending a picture of her breast to her 16-year-old boyfriend. As the law currently stands in Larimer, Boulder and Grand County, both the teenagers in this scenario would end up with a felony charge. The girl for producing the child pornography (taking the picture of herself) and the boy for possession of child pornography (opening the picture on his phone or email). Insane, right?
[pullquote align=”center” textalign=”center” width=”95%”]Have you been charged with Sexual Exploitation of a Child or Sexting? Contact the experienced attorneys from the O’Malley Law Office to defend you today![/pullquote]
Fort Collins Juvenile Sexting Lawyer for Nude Texts / Pictures – What Would the New Law Say?
According to the news report, the new juvenile sexting law would give the district attorney the ability to charge a juvenile with a felony or misdemeanor depending on the circumstances. If the DA feels the facts of the case are egregious and heightened – beyond the typical sexting case, then the felony charge would still be an option. But, as with most juvenile sexting cases we see, if the case is pretty straightforward like a same aged boyfriend and girlfriend sharing naked photos, a misdemeanor charge would be filed. It is important to note that the juveniles must be within 4 years of age of each other in order to keep it in the misdemeanor range.