The most common way we see Sexual Exploitation of a Child is charged in Loveland and Fort Collins when a person is accused of viewing or downloading child pornography (Child Sexual Abuse Materials – CSAM). Often, a person will know they are being investigated for this crime when the Loveland or Fort Collins Police knock at their door with a search warrant. Sometimes, they show up with dozens of officers in full tactical gear with rifles drawn. Complete overkill and ridiculous. These are computer related crimes. There is no violence involved. Yet, officers take this opportunity to overreact and cause chaos for no reason. They will go through the house and take all electronic devices, even those that belong to others residing in the home, and can take a year or longer to even search the devices and move forward with filing any charges.
Larimer County Sexual Exploitation of a Child Attorney: How is Sexual Exploitation of a Child Charged in Colorado
The 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, 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.
Possession of CSAM is charged under subsection (b.5).
Sentence for Sexual Exploitation of a Child in Fort Collins and Estes Park
In Fort Collins, Loveland, and Estes Park, a Sexual Exploitation of a Child charge under subsection (b.5) is a class 5 felony. Under the statute, a person can be charged with one count of this crime for each image possessed. If it is a second or subsequent offense or the CSAM was a video, then it is a class 4 felony.