Sex offenses in Larimer and Boulder County can be difficult to understand. Colorado law is often complex and confusing when it comes to sexual crimes. We are often asked to explain the intricacies and details of many different offenses in Fort Collins, Loveland, and Estes Park. Today, I’ll discuss the crime of Sexual Exploitation of a Child, and what it actually is.
A Brief Explanation of the Crime of Sexual Exploitation of a Child
A person will be charged with Sexual Exploitation of a Child – C.R.S. 18-6-403, if they knowingly possess sexually explicit photos, videos, or other images of children under the age of 18. The problem with this offense is the images are usually discovered on the defendant’s computer. Police find naked, sexual images of children on a person’s computer, and consider this possession.
Let me ask you this:
- Do you know about every single image you have on your computer?
- Has a visiting friend ever borrowed your laptop?
- Have you ever accidentally visited a site which downloaded images before you could leave?
You see, the law doesn’t take these instances into consideration. Instead, District Attorneys are looking to further their careers by catching “evil child predators,” not stopping to think the “child predator” they are catching might be innocent. When nude or sexually explicit images of children are found, DA’s don’t hesitate to file charges of Sexual Exploitation of a Child.
If you have been charged with Sexual Exploitation of a Child, you need to have someone by your side who can fight for your future. You need someone at the poker table, ready to call the District Attorney’s bluff. Part of our job is to help a jury understand how sexually exploitative material could have been downloaded without the defendant’s knowledge, and that not all nude / naked images of children are illegal. This affects “possession,” which is needed for a conviction.
The Other Side of Sexual Exploitation: Making the Material
It is much less common, but occasionally people are charged with Sexual Exploitation of a Child because they allegedly permitted or coerced a child under the age of 18 to make sexually exploitative material. When faced with these types of situations, we work hard to understand the entire story and hold DA’s to the definitions within the statute.
If you have been charged with Sexual Exploitation of a Child, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office. Contact us at 970-658-0007. Together, we can protect your future.
Image Credit: Pixabay – OpenClipart-Vectors