Sexual Exploitation of a Child is the Fort Collins and Larimer County criminal charge related to child pornography. A teacher was recently charged with this crime after it was discovered that he had been exchanging sexually explicit images with a 13-year-old girl. According to the report, the teacher received five sexual images of the girl and sent 11 images of himself. While everyone knows that an adult having sexual conversations with a minor is criminal, they often don’t make the correlation to child pornography. Often, when a person is sexting with someone under the age of 18, they are not considering that any explicit images being shared will be considered child pornography. If the adult requested the images, then they are technically creating the child porn, which is a more serious offense than possessing the images.
Larimer County Sexual Exploitation of a Child Lawyer: What Does the Law Say About Child Pornography?
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, including but not limited to publishing through digital or electronic means, produces, promotes, makes, sells, finances, offers, exhibits, advertises, deals in, or distributes, including but not limited to distributing through digital or electronic means, any sexually exploitative material; or
(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; 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.
Because the teacher requested the images, it could be argued that he caused the girl to be used for creating sexually exploitative materials.
Punishment for Causing a Child to Be a Part of Child Pornography in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, a charge under subsection (a), causing a child to create child pornography, is a class 3 felony. This level felony is punishable by 4 to 12 years in the Colorado Department of Corrections. A conviction will also require the person register as a sex offender.
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 your free consultation today. Together, we can protect your future.
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