Possessing or sharing child pornography is charged as Sexual Exploitation of a Child in Fort Collins and Larimer County. A man was recently convicted of this crime, and is using the sentence a politician recently received to try and get a lighter sentence. Unfortunately, the man not only possessed child pornography, he was also sharing it. On top of that, he has a previous sex offense conviction, and served 7 years in prison for Sexual Assault on a Child. These aggravating factors will probably not play in his favor when it comes to sentencing with the judge.
Larimer County Sexual Exploitation of a Child Definition: Possession and Distribution of Child Pornography
The Larimer, Boulder, and Grand County, Colorado definition of Sexual Exploitation of a Child – C.R.S. 18-6-403(3)(b.5)(c) – is:
(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;
Because the man had the images in his possession and was also sharing them via a computer network, he could be charged under both subsections.
Sentence for Possessing and Distributing Child Pornography in Loveland
Sentencing for Sexual Exploitation of a Child is complicated in Fort Collins, Loveland, and Estes Park. If the man was charged under subsection (c), it is a class 3 felony, punishable by 4 to 12 years in the Colorado Department of Corrections. However, possession of child pornography – charged under subsection b.5 – is a class 5 felony, punishable by 1 to 3 years in DOC. Unless it is a second or subsequent offense or the person possessed more than 20 pictures or videos, in which case it is a class 4 felony, punishable by 2 to 6 years in prison.
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. Together, we can protect your future.
Image Source: Pixabay-Vojtech Okenka