Historically, when a juvenile has possessed a sexually explicit image of another juvenile, they are charged with felony Sexual Exploitation of a Child – the possession of child pornography charge. Thankfully though, Colorado lawmakers realized that teenagers were being too harshly punished, as their conduct and intentions are not the same as that of the current law’s intended adult subjects. A new law will go into effective in January of 2018 that specifically addresses the violation of a juvenile posting, possessing or exchanging of a private image.
Larimer County Posting, Possession, or Exchange of a Private Image by a Juvenile Definition
The Larimer, Boulder, and Grand County, Colorado law definition of Possession of a Private Image by a Juvenile – C.R.S. 18-7-109(2) – is:
(a) Took reasonable steps to either destroy or delete the image within seventy-two hours after initially viewing the image; or
(b) Reported the initial viewing of such image to law enforcement or a school resource officer within seventy-two hours after initially viewing the image.
Another great thing about this new law are the exceptions that have been added in. If your son or daughter gets a text with a sexually explicit image, and they delete the photo or report the photo to police within 3 days, then they will not face criminal prosecution.
Sentence for Possessing a Private Image by a Juvenile in Fort Collins and Loveland
In Fort Collins, Loveland, and Estes Park, Possessing a Private Image by a Juvenile is a petty offense. However, if the juvenile possesses ten or more images depicting 3 or more underage subjects, it is a class 2 misdemeanor. Under the new statute, DAs are also encouraged to develop a diversion program for juveniles charged with Posting, Possession, or Exchange of a Private Image by a Juvenile for the first time. Diversion can help a child avoid any sort of permanent record.
If you or your child has been charged with a sexting crime for Possessing a Private Image, be smart, exercise your right to remain silent, and contact Fort Collins’ best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 today. Together, we can protect your future.
Image Source: Pexels-Porapak Apichodilok