Every year in Larimer County, schools, parents, and law enforcement agencies deal with cases involving Juvenile Sexting, often involving teens who had no idea their behavior could lead to criminal charges. A single text, photo, or screenshot can create a situation that feels overwhelming for families, especially when law enforcement or school officials get involved.
If your child is being questioned or has been charged in Fort Collins, Loveland, Windsor, Berthoud, Timnath, Estes Park, Wellington, or anywhere else in the county, it’s important to understand how Colorado law treats Juvenile Sexting and what defense options are available.
Fort Collins Posting, Possession, or Exchange of a Private Image Attorney: What is the Colorado Law on Juvenile Sexting?
Colorado created a separate legal framework for Juvenile Sexting so that teens aren’t automatically charged under the much harsher Child Exploitation laws.
The two key statutes are:
Posting, Possession, or Exchange of a Private Image by a Juvenile – C.R.S. 18-7-109:
This is Colorado’s primary Juvenile Sexting statute. It applies only to minors and covers situations such as:
- Sending explicit images of a minor to another minor
- Forwarding or sharing an image without consent
- Possessing an explicit image of another juvenile
- Sharing images in group chats or on social media
Under this statute:
- Some conduct is treated as a civil infraction (the lowest legal consequence).
- Other conduct can be a misdemeanor, including a Class 1 or Class 2 misdemeanor, depending on the circumstances.
- This statute is designed to keep juveniles out of the felony system when age appropriate and non-coercive behavior is involved.
The law also provides protections for minors who immediately delete an unsolicited image or report it within 72 hours.
Sexual Exploitation of a Child – C.R.S. 18-6-403:
This is Colorado’s child-pornography statute. It is far more severe and includes felony penalties.
However, C.R.S. 18-7-109 creates an exception:
If the conduct fits within the juvenile-sexting statute, the juvenile may NOT be charged under C.R.S. 18-6-403 for the same behavior. This prevents teens from facing adult level child exploitation felonies for consensual or age appropriate interactions with other minors.
Still, if the allegations involve coercion, exploitation, distribution beyond peers, or significant age differences, prosecutors may consider charges under 18-6-403. That’s why getting an attorney involved early is essential.
How Juvenile Sexting Cases Usually Begin in Larimer County
In Larimer County, many cases begin with:
- A school administrator discovering messages or images
- Teachers reporting phone activity
- A parent finding an image and contacting police
- A student sharing or forwarding an image
- A relationship ending and someone misusing or sharing private content
Local agencies frequently involved include:
- Fort Collins Police Services (FCPS)
- Loveland Police Department
- Larimer County Sheriff’s Office
- Colorado State University Police (for incidents involving minors attending CSP programs)
- School Resource Officers in Poudre, Thompson, and Estes Park School Districts
Schools often notify law enforcement right away, even when parents would prefer to handle the matter privately. Once a report is made, the case is typically forwarded to the Larimer County District Attorney’s Office for review.
Potential Penalties Your Child Could Face for Juvenile Sexting Allegations
Even though Colorado law attempts to treat Juvenile Sexting differently, the consequences can still be significant:
Under C.R.S. 18-7-109, penalties may include:
- Civil infractions
- Class 2 misdemeanor
- Class 1 misdemeanor
- Fines
- Probation
- Counseling or education programs
- Community service
- No contact orders
- Searching or seizure of phones/devices
Under C.R.S. 18-6-403 (if charged, which is rare in peer-to-peer cases):
- Felony charges
- Potential time in Juvenile Detention
- Sex offender registration
- Long-term consequences for education and employment
Fortunately, most Larimer County sexting cases involving teens close in age are handled under 18-7-109, not the more serious 18-6-403.
Why You Should NEVER Let Your Child Talk to Police Alone
Larimer County law enforcement and school administrators often interview teens quickly and informally. But:
- Teens usually don’t understand the legal consequences.
- Their statements may be misunderstood or taken out of context.
- They may admit to something they didn’t realize was illegal.
- Police may ask for consent to search a phone, something no juvenile (or parent) should agree to without legal advice.
Always consult an attorney first.
What Parents Should Do Immediately If Your Child is Accused on Juvenile Sexting in Loveland or Estes Park
✔ Do NOT allow your child to speak to police or school administrators alone
✔ Do NOT give law enforcement access to your child’s phone
✔ Do NOT delete anything as it may be considered evidence
✔ Document everything you know
✔ Contact an experienced Juvenile Defense Attorney immediately
If your child is facing allegations of Juvenile Sexting, be smart, exercise their right to remain silent, and contact the best juvenile criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
Photo by Karola G