Fort Collins Juvenile Sexting Attorney
New Colorado Possession of a Private Image by a Juvenile Law

A new law regarding juveniles and sexting will go into effect in January under the Possession of a Private Image by a Juvenile statute. Read more about it here.

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 juvenile commits the offense of possessing a private image by a juvenile if he or she, through digital or electronic means, knowingly possesses a sexually explicit image of another person who is at least fourteen years of age or is less than four years younger than the juvenile without the depicted person’s permission; except that it is not a violation of this subsection (2) if the juvenile:

(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

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