Sexual Exploitation of a Child, more commonly known as Child Pornography, is charged in Fort Collins and Larimer County whether a person creates the pornographic images or possess them. A woman recently made headlines for sharing a sexually exploitative video of a child with an undercover officer. The woman, the ex-wife to a judge, was communicating online with an undercover cop, whom she sent a 30 second video considered child pornography and also exchanged sexually exploitative messages about children. She agreed to meet up with the undercover agent and his pretend 8-year-old child, with the messages outlying her intent to abuse the child. She was arrested and charged with Sexual Exploitation of a Child and Attempted Sex Trafficking of a Child.
Larimer County Sexual Exploitation of a Child Lawyer: Definition of Distributing Child Pornography 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.
Most commonly, we see charges under subsection (b.5) for possessing child pornographic images and/or videos. However, when those videos are shared, then it becomes a more serious charge under subsection (b) for distributing.
Sentence for Distributing Child Pornography in Loveland and Estes Park
In Fort Collins, Loveland and Estes Park, Sexual Exploitation of a Child is charged as follows:
- For a charge under subsection (a), (b), (c), or (d), Sexual Exploitation of a Child is a class 3 felony.
- For a charge under subsection (b.5) Sexual Exploitation of a Child is a class 5 felony. A charge under (b.5) can be a class 4 felony if one of the following aggravators apply:
- It is a second or subsequent offense; or
- The child pornography possessed is a video or recording
Sexual Exploitation of a Child is subject to an extended sentencing range as an extraordinary risk crime if one of the following apply:
- The material depicts a child under the age of twelve;
- The material depicts a child subjected to physical force or violence; or
- The material depicts a child subjected to sexual intercourse; sexual intrusion, or sadomasochism.
The article did not provide any information about the contents of the video the woman sent, aside from it being sexually exploitative, so it’s unknown whether the extraordinary risk crime would apply, but the woman would have been facing the class 3 felony charge for Distribution of Child Pornography if this had occurred in Colorado.
If you or someone you know 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 a free initial consultation. Together, we can protect your future.
Photo by Roman Pohorecki