Sexual Exploitation of a Child is charged in Fort Collins and Larimer County when a person is in possession of sexually explicit images of children. Many different online platforms are on the lookout for sexually explicit images related to children and, if located, will report any illegal images to the National Center for Missing and Exploited Children. This organization looks into the report and, if valid, will forward into onto the appropriate state as a cybertip. After an explicit image was uploaded to Bing, the Internet Crimes Against Children Task Force, located in Colorado Springs, was notified and officers began an investigation. This led to the arrest of a Colorado man who was found in possession of over 10,500 images and videos of child pornography.
Larimer County Sexual Exploitation of a Child Attorney: Child Pornography Definition for Uploading Child Porn to Bing
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.
The man above was likely to be charged under subsection (b.5). It was never reported that he helped create or induced a child to participate in creating any child pornography. He downloaded and had the images and videos in his possession.
Sentence for Sexual Exploitation of a Child in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park a charge under subsection (b.5) is a class 5 felony sex offense. However, it can also be charged as a class 4 felony if it is a second or subsequent offense or if the person possessed more than 20 different images or videos that qualify as sexually exploitative materials.