Sexual Exploitation of a Child is Fort Collins and Larimer County, Colorado’s crime name for child pornography. While this crime can be charged for creating, publishing, or allowing a child to be involved, it is most commonly charged for possessing child sexual assault materials (CSAM). Recently, the sentencing around Sex Exploitation of a Child charges has changed to include a making certain circumstances an extraordinary risk crime. Let’s take a look at Sexual Exploitation of Children as an extraordinary risk crime.
How is Sexual Exploitation of a Child Charged in Loveland?
In Loveland and Larimer County, Colorado, Sexual Exploitation of a Child – C.R.S. 18-6-403 – is defined as:
(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, produces, promotes, makes, sells, finances, offers, exhibits, advertises, deals in, distributes, transports or transfers to another person, or makes accessible to another person, including, but not limited to, through digital or electronic means, any sexually exploitative material; or
(b.5) Accesses with intent to view, views, 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, or accesses with intent to view or views explicit sexual conduct in the form of a performance involving a child if the conduct in the performance was caused, induced, enticed, requested, directed, or specified by the viewer or potential viewer.
Most commonly, we see these cases charged under (b.5) for possessing or accessing the images online. However, it’s easy to get charged under (c) as well if you ever upload any of the images or videos to another person or site.
Larimer County Sex Exploitation of Children Sentencing Ranges for Possession of CSAM
If charged under subsection (b.5) – view, possess or control CSAM images – it is a class 5 felony in Larimer County. The revision to this law made it so you can be charged with the class 5 felony for EACH image of CSAM. This level felony is punishable by 1 to 3 years in the Colorado Department of Corrections. This crime can also be aggravated to a class 4 felony if:
- It is a second or subsequent offense; or
- The CSAM is a video.
If charged with the class 4 felony, the sentencing range is 4 to 6 years in the Colorado Department of Corrections.
Sexual Exploitation of a Child as an Extraordinary Risk Crime in Fort Collins
Sexual Exploitation of a Child is charged as an extraordinary risk crime in Fort Collins if the following circumstances apply:
The CSAM depicts a child who is:
- Under the age of twelve;
- Subjected to physical force or violence; or
- Subjected to sexual intercourse, intrusion, or sadomasochism
If any of the above apply to the CSAM images or videos found, then a modified sentencing range will apply. Instead of 1 to 3 years for the class 5 felony charge, it would be 1 to 4 years. For the class 4 felony, it would extend from 2 to 6 years to 2 to 8 years in the Colorado Department of Corrections.