Sexual Exploitation of a Child is Fort Collins and Larimer County’s legal phrase for the child pornography law. Recently, lawmakers have amended this law when it comes to sentencing. Let’s look at this statute and these new sentencing changes.
Larimer County Sexual Exploitation of a Child Attorney: Definition of Sex Exploitation of a Child 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.
Subsections (a), (b), (c), and (d) are all related to creating or facilitating the creation of child pornography. Subsection (b.5) is related to viewing the sexually exploitative images of children.
Sentencing Changes in Sexual Exploitation of a Child Charges in Loveland and Estes Park
Here are the new guidelines for sentencing of Sex Exploitation of a Child in Fort Collins, Loveland, and Estes Park:
- Sexual exploitation of a child is a class 3 felony; unless
- Sexual exploitation of a child pursuant to subsection (3)(b.5) of this section is a class 5 felony for each item of sexually exploitative material accessed with intent to view, viewed, possessed, or controlled; except that said offense is a class 4 felony if:
- It is a second or subsequent offense; or
- The item accessed with intent to view, viewed, possessed, or controlled is a video, recording or broadcast of moving visual images, or motion picture.
Also, Sexual Exploitation of a Child can carry the extraordinary risk crime sentence enhancer if:
(a) Under twelve years of age;
(b) Subjected to the actual application of physical force or violence; or
(c) Subject to sexual intercourse, sexual intrusion, or sadomasochism.
Contact our firm if you have been charged with this crime for a greater understanding of the sentence you may be facing.
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 a free initial consultation. Together, we can protect your future.
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