Sexual Exploitation of a Child is a charge in Larimer County, Colorado related to child pornography or CSAM (Child Sexual Abuse Material). A person can be charged for a variety of actions related to CSAM. These actions range from allowing a child to be used to create CSAM, distributing CSAM, or possessing CSAM. The most commonly charged Sexual Exploitation of a Child subsection is related to possession of child pornography.
Sexual Exploitation of a Child Attorney in Fort Collins: What is the Colorado Law Definition of Sexual Exploitation of a Child?
The Fort Collins, 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, produces, promotes, makes, sells, finances, offers, exhibits, advertises, deals in, distributes, transports or transfers to another person, or makes accessible to another person, including, but not limited to, through digital or electronic means, any sexually exploitative material; or
(b.5) Accesses with intent to view, views, 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, or accesses with intent to view or views explicit sexual conduct in the form of a performance involving a child if the conduct in the performance was caused, induced, enticed, requested, directed, or specified by the viewer or potential viewer.
Again, the most common charge for this crime is a charge under subsection (b.5) viewing or possessing the CSAM.
Felony Charges for Sexual Exploitation of a Child in Loveland
The felony charge level for Sexual Exploitation of a Child depends on the subsection charged along with other aggravating factors. The
- Class 3 felony – for a charge under subsections (a), (b), (c), or (d)
- Class 5 felony – for a charge under subsection (b.5)
- Aggravated to a Class 4 felony:
- for a second or subsequent offense
- the item accessed is a video or movie
- Class 5 felony extraordinary risk crime – for a charge under subsection (b.5) where:
- The CSAM depicts a child under the age of 12;
- The CSAM depicts physical force or violence; or
- The CSAM depicts sexual intercourse, intrusion, or sadomasochism
- Aggravated to a Class 4 felony:
If you or someone you love has been charged with 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 a free initial consultation. Together, we can protect your future.
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