Being charged with Sexual Exploitation of a Child is one of the most serious accusations someone can face in Colorado. The legal consequences are severe, and the personal, professional, and social impact can be devastating. At O’Malley Law Office, we believe in the fundamental right to a strong defense, and we are committed to helping individuals understand their rights and options when facing such serious allegations.
What is Sexual Exploitation of a Child in Larimer County, Colorado?
Under Colorado Revised Statutes 18-6-403, Sexual Exploitation of a Child primarily involves the possession, production, or distribution of child pornography, or inducing a child to engage in sexually explicit conduct for the purpose of recording or photographing.
The law defines Sexual Exploitation broadly and includes:
- Possessing or accessing child pornography knowingly
- Producing sexually exploitative material involving a minor
- Distributing, selling, or promoting such material
- Inducing or coercing a child to engage in sexually explicit conduct for recording
Even viewing such content knowingly, even once, can lead to these criminal charges.
Loveland Criminal Defense Lawyer: Key Legal Elements of Sexual Exploitation of a Child
To convict someone, the prosecution must prove that the accused:
- Knowingly possessed, produced, or distributed the material;
- That the material is sexually exploitative as defined by the statute;
- That the individual in the material is under the age of 18;
- That the conduct occurred within the jurisdiction of Colorado.
Intent is crucial. An accidental download or unintentional exposure may not rise to the level of a criminal offense, but that rarely stops the Larimer County DA’s office from filing charges.
Felony Charges and Penalties for Sexual Exploitation of a Child in Estes Park
Sexual Exploitation of a Child is charged as a felony in Estes Park, Colorado:
- Possession is typically charged as a Class 5 felony for a first offense.
- Production or distribution can be charged as a Class 3 felony, with harsher penalties.
- Repeat offenses or aggravating factors (such as possession of large volumes or especially graphic material) can lead to enhanced sentencing.
Penalties can include:
- Prison time (ranging from years to decades depending on the charge)
- Lifetime sex offender registration
- Mandatory sex offender treatment programs
- Permanent criminal record
- Social and professional consequences
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 attorney from the O’Malley Law Office at 970-658-0007 to schedule a free consultation. Together, we can protect your future.
Photo by Michael Burrows