Sexual Exploitation of a Child is the child pornography related crime in Fort Collins, Larimer County and across Colorado. Under this statute, a person can be charged for a range of actions including creating sexually explicit images of children, allowing a child to be used to create sexually explicit images, distributing child pornographic images, and / or possessing child pornography. The most common cases we see are related to the possession of child sexually exploitative materials. These cases usually involve forensic investigations, where IP addresses are traced back to certain people / devices. The information collected is used to obtain search warrants. Once these search warrants are signed off on by a judge, law enforcement will show up unannounced and execute the warrant, taking any electronic devices to analyze. Often, it will be months, sometimes even a year or more before the person under investigation is arrested. The images on the devices have to be extracted and cataloged to determine if they are actually sexually explicit images of children, how many images there are, and if they are new images or only previously known images.
Search Warrant for Sexual Exploitation of a Child Attorney: Definition of Sex Exploitation of a Child in Colorado
The Fort Collins and 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.
As stated above, most of the cases we see are charged under subsection (b.5) – possession of child pornography.
If you or someone you love has been charged with Possession of Child Pornography or Sexual Exploitation of a Child, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule your free initial consultation. Together, we can protect your future.
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