Sexual Exploitation of a Child, C.R.S. 18-6-403, can already carry stiff penalties when the defendant is charged for possessing, viewing, or accessing sexually exploitative material, or illegal images of children. However, these penalties can become even more severe when the offense is designated an extraordinary risk crime. When this happens, the maximum presumptive sentence can increase by 1 – 2 years, depending on whether Sexual Exploitation was charged as a class 5 or class 4 felony. If you have been charged with Sexual Exploitation as an extraordinary risk crime, don’t wait, and contact a top sex crimes lawyer today.
1. Colorado’s Law on Sexual Exploitation of a Child, C.R.S. 18-6-403
Colorado’s law on Sexual Exploitation of a Child, C.R.S. 18-6-403, as it relates to possessing, viewing, or accessing sexually exploitative material, is as follows:
(b.5) Accesses with intent to view, views, possesses, or controls any sexually exploitative material for any purpose.
Viewing, accessing, or possessing sexually exploitative material depicting children can be a class 5 or class 4 felony. However, depending on the circumstances, it may also be classified as an extraordinary risk crime. This would increase the maximum sentence to the Colorado DOC if the defendant is convicted.
2. What are Extraordinary Risk Crimes in Fort Collins?
In Fort Collins, “extraordinary risk” is a designation given to certain crimes in Fort Collins when the offense is deemed to put society as a whole at risk, rather than just an individual victim. This designation increases the maximum sentence in the felony presumptive range of penalties by several months or years. In some cases, a defendant may be required to serve on parole for a longer period as well.
Sexual Exploitation of a Child is an extraordinary risk crime when the child depicted in the sexually exploitative material is:
- Under 12 years old,
- Subjected to actual physical force or violence, or
- Subject to sexual intercourse, sexual intrusion, or sadomasochism.
3. Colorado DOC Time for Possessing Sexually Exploitative Material in Loveland and Estes Park
Possessing, accessing, or viewing illicit materials depicting children in Loveland and Estes Park can result in 1+ years in the Colorado DOC, depending on the circumstances. Sexual Exploitation of a Child may be charged as a class 5 felony if it is the defendant’s first offense, and the image(s) accessed were still photographs only. However, it is a class 4 felony if it is the defendant’s second offense, or the sexually exploitative material included video. In either case, the maximum sentence to the DOC will increase if the offense is designated an extraordinary risk crime. See the table below:
Circumstances |
Classification |
Colorado DOC Time |
One count is charged per image / item of sexually exploitative material. |
Class 5 felony / F5 | 1 – 3 years |
| Defendant’s first SEOC offense; meets the criteria for extraordinary risk crime designation | Class 5 felony / F5 + extraordinary risk crime | 1 – 4 years |
|
Class 4 felony / F4 | 2 – 6 years |
| Same circumstances as above, but the offense meets the criteria for extraordinary risk crime designation | Class 4 felony / F4 + extraordinary risk crime | 2 – 8 years |
If you have been charged with Sexual Exploitation of a Child – especially as an extraordinary risk crime – don’t wait to contact a top criminal defense lawyer today. Your future is on the line, and only an experienced attorney can protect it. Call us today to get in touch with a top lawyer with compassion and years of experience practicing criminal defense.
Have you been charged with Sexual Exploitation of a Child? Be smart, and exercise your right to stay silent. Then call 970-658-0007 to discuss your case with a top sex crimes lawyer today. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Sora Shimazaki