Sexual Exploitation of a Child, C.R.S. 18-6-403, and Exchange of a Private Image by a Juvenile, C.R.S. 18-7-109 / Juvenile Sexting, are both charged at the Larimer County Courts for possessing explicit images of juveniles. However, that is where the similarities between these offenses tend to end. Two key differences between these crimes are what make one of these offenses a civil infraction and the other a felony sex offense. If you or your child has been charged with one of these crimes, it is nonetheless imperative that you contact a top Fort Collins criminal defense lawyer as soon as possible.
Colorado’s Law on Sexual Exploitation of a Child, C.R.S. 18-6-403 at the Larimer County Courts
Colorado’s law on Sexual Exploitation of a Child, C.R.S. 18-6-403, pertaining to possessing or viewing explicit images depicting children, is recognized as follows at the Larimer County Courts:
(b.5) Accesses with intent to view, views, possesses, or controls any sexually exploitative material for any purpose.
Posting, Possession, or Exchange of a Private Image by a Juvenile, C.R.S. 18-7-109 in Fort Collins
In Fort Collins, the “Juvenile Sexting” subsection of Posting, Possession, or Exchange of a Private Image by a Juvenile, C.R.S. 18-7-109, is defined as:
(a) Knowingly sends a sexually explicit image or images of himself or herself to another person who is at least fourteen years of age or is less than four years younger than the juvenile, and the image or images depict only the sender and no other person and the sender reasonably believed that the recipient had solicited or otherwise agreed to the transmittal of the image or images; or (b) Knowingly possesses a sexually explicit image or images of another person who is at least fourteen years of age or is less than four years younger than the juvenile, and the image or images depict only the sender and no other person and the juvenile reasonably believed that the depicted person had transmitted the image or images or otherwise agreed to the transmittal of the image or images.
What is the Difference Between Sexual Exploitation and Juvenile Sexting in Loveland and Estes Park?
There are two primary differences between Sexual Exploitation and Juvenile Sexting in Loveland and Estes Park:
- Age of the person depicted in the material – Exchange of a Private Image by a Juvenile is only charged when the person depicted is at least 14 years old or less than 4 years younger than the juvenile who sent or received the image(s).
- Consent – Juvenile Sexting is charged when there is a reasonable belief that the two parties involved had agreed to the transmission of the image(s).
This means that a juvenile can be charged with Sexual Exploitation of a Child if they possessed images of a child much younger than them. Even if they had images of another juvenile without that person’s consent, the juvenile would likely instead be charged with another subsection of C.R.S. 18-7-109, provided that the two juveniles were close in age.
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 criminal defense lawyer from the O’Malley Law Office 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!
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