Sexual Exploitation of a Child Charges & Penalties in Colorado

Facing child pornography charges in Colorado means confronting some of the most serious criminal allegations in our justice system. These offenses – legally termed “sexual exploitation of a minor” under Colorado law – are aggressively prosecuted and carry severe penalties, including mandatory prison time, lifetime sex offender registration, and devastating collateral consequences.

Understanding the specific charges and potential defenses is critical for anyone accused.

What is Considered Child Pornography in Colorado?

Colorado Revised Statute 18-6-403 defines child pornography as any material that shows a child under 18 years old involved in sexual conduct. This can include:

• Photos or videos of a child in sexual situations
• Drawings or computer-made images of children in sexual acts
• Written stories about sexual acts with children

It’s important to know that even if no real child was involved (like in drawings), it can still be illegal.

Types of Child Pornography Charges in Colorado

There are several ways someone can be charged with child pornography crimes in Colorado:

• Possession: Having any child pornography materials, even if you didn’t make them.
• Distribution: Sharing or selling child pornography to others.
• Production: Making child pornography, including taking photos or videos.

Each of these is treated differently under the law, with different penalties.

Penalties for Child Pornography in Colorado

The punishments for child pornography crimes in Colorado are very serious. Here’s a breakdown:

Possession of Child Pornography

• Class 5 Felony for a first offense
  • 1 to 3 years in prison
  • Fine of $1,000 to $100,000
• Class 4 Felony for second and later offenses
  • 2 to 6 years in prison
  • Fine of $2,000 to $500,000

Distribution of Child Pornography

• Class 3 Felony
  • 4 to 12 years in prison
  • Fine of $3,000 to $750,000

Production of Child Pornography

• Class 3 Felony
  • 4 to 12 years in prison
  • Fine of $3,000 to $750,000

It’s important to note that these are just the basic penalties. The actual sentence can be longer or shorter depending on the specific details of the case.

Other Consequences of Child Pornography Charges

Besides jail time and fines, there are other serious consequences:

• Sex Offender Registration: Anyone convicted of a child pornography offense must register as a sex offender. This can affect where you can live and work.
• Probation: Even after serving time in prison, you may be on probation for years. This means regular check-ins with a probation officer and following strict rules.
• Loss of Rights: A felony conviction can mean losing the right to vote, own firearms, or get certain jobs.
• Impact on Personal Life: These charges can seriously damage relationships with family and friends. They can also make it hard to find housing or employment.

Possible Defenses in Child Pornography Cases

If you’re charged with a child pornography offense, there may be ways to defend against the charges. Some possible defenses include:

• Lack of Knowledge: You didn’t know you had the illegal content or didn’t know the age of the people in the images.
• Illegal Search: The evidence was found through an illegal search of your property.
• Mistaken Identity: Someone else used your computer or internet connection to access the illegal content.
• Age of Consent: In some cases, if the person in the images was over the age of consent, it might not be considered child pornography.

Remember, the specific defense strategy will depend on the details of your case. That’s why it’s crucial to work with an experienced criminal defense lawyer.

What to Do If You’re Facing Child Pornography Charges

If you’re charged with a child pornography offense in Colorado:

1. Don’t Talk to the Police: Anything you say can be used against you. Wait until you have a lawyer present.
2. Don’t Destroy Evidence: This can lead to additional charges.
3. Contact a Lawyer: Get in touch with an experienced criminal defense attorney right away.
4. Follow Your Lawyer’s Advice: Your attorney will guide you through the legal process and help protect your rights.

Why You Need a Colorado Sex Crimes Lawyer

Child pornography charges are among the most serious criminal accusations. The laws are complicated, and the potential penalties are severe. A skilled criminal defense lawyer can:

• Examine the evidence against you
• Identify any violations of your rights
• Negotiate with prosecutors
• Develop a strong defense strategy
• Represent you in court if necessary

At Dawson Law Office, we have experience defending against child pornography charges. We understand the sensitivity of these cases and the impact they can have on your life.

If you or someone you know is facing these charges, don’t wait. Contact Dawson Law Office today for a confidential consultation. We’re here to protect your rights and fight for the best possible outcome in your case.

Remember, everyone has the right to a fair trial and a proper defense. Let us help you navigate this difficult situation and work towards protecting your future.

Frequently Asked Questions About Child Pornography Charges

What is considered child pornography under Colorado law?

Under Colorado law (C.R.S. § 18-6-403), child pornography includes any sexually exploitative material depicting a child under 18 engaged in explicit sexual conduct. This includes photos, videos, digital images, computer-generated images, and even drawings or animations.

What are the penalties for child pornography in Colorado?

Sexual exploitation of a minor is a Class 3 felony in Colorado, carrying 4-12 years in prison and fines up to $750,000. Possessing more than 20 different items is a Class 4 felony. Distribution or manufacturing carries enhanced penalties. All convictions require mandatory sex offender registration.

Can I be charged for accidentally downloading or viewing child pornography?

While accidental or unknowing possession can be a defense, you must be able to prove you had no knowledge of the content and deleted it upon discovery. However, merely claiming ignorance is not enough – prosecutors will examine digital evidence to establish knowledge and intent.

What if I didn’t know the person in the images was underage?

Mistaken belief about age is not a defense in Colorado child pornography cases. The law places responsibility on the person possessing or distributing the material to verify age.

Will I have to register as a sex offender?

Yes. All child pornography convictions in Colorado require mandatory registration as a sex offender. This registration can be lifelong and includes public notification requirements.

Should I talk to law enforcement if they contact me about child pornography?

No. Do not speak to law enforcement without an attorney present. These cases are complex, and anything you say can be used against you. Contact a criminal defense attorney immediately who has experience with sex crime cases.

Can my case be kept private?

While court records are generally public, an experienced defense attorney can help manage publicity and work to keep details private when possible. However, if convicted, sex offender registration information becomes public record.

What defenses are available for child pornography charges?

Potential defenses may include:

• Lack of knowledge or intent
• Illegal search and seizure
• Computer virus or malware involvement
• Account hacking or unauthorized access
• Technical/forensic challenges to evidence

Will I go to jail while awaiting trial?

It depends on factors like prior criminal history and specific allegations. However, child pornography charges often result in high bail amounts due to their serious nature. A defense attorney can argue for reasonable bail conditions.

How long do prosecutors have to file charges?

Colorado has no statute of limitations for sexual exploitation of a minor charges. This means prosecutors can file charges at any time after alleged possession or distribution.

Contact Dawson Law for a confidential consultation about your case. With charges this serious, experienced legal representation is critical for protecting your rights and future.