Arrested or Charged with Sexual Exploitation of a Child (C.R.S. § 18-6-403) in Colorado?

Few charges carry the level of stigma, scrutiny, and life-altering consequences as being accused of sexual exploitation of a child in Colorado. Under C.R.S. § 18-6-403, this offense typically involves the possession, production, or distribution of child pornography, and even a single charge can result in felony penalties, mandatory sex offender registration, and a permanent criminal record.

If you’ve been arrested or are under investigation, your future, freedom, and reputation are on the line. Before speaking to law enforcement or making any decisions, you need to know what you’re facing and how an experienced defense attorney can help protect your rights.

What Constitutes Sexual Exploitation of a Child in Colorado?

Under C.R.S. § 18-6-403, Colorado defines sexual exploitation of a child broadly, and that surprises a lot of people. You can face charges if you:

• Involve a child in explicit sexual conduct to create sexually exploitative material
• Possess, share, or intend to sell that material—whether physically or through digital or electronic means
• Promote, publish, or distribute content used for explicit sexual conduct
• Allow or cause a child to perform in any kind of sexually explicit performance
• Know what’s in the material and access it intentionally, even for a moment

That includes content shared through peer-to-peer networks, online downloads, or file storage—even if it was unintentional or brief.

And this isn’t just any criminal charge. Sexual exploitation of children is often treated as an extraordinary risk crime, meaning the penalties can be even harsher than a standard felony. A single file—viewed, saved, or shared—can trigger a criminal case that changes everything.

Levels of Charges and Penalties for Sexual Exploitation of a Child in Colorado

In Colorado, sexual exploitation of a child is treated as an extraordinary risk crime, meaning the penalties go beyond standard sentencing ranges. The charge level depends heavily on the alleged conduct.

Class 3 Felony – Most Severe

This charge applies when someone is accused of causing or allowing a child to engage in explicit sexual conduct—whether for a recording, a photo, or a performance involving a child. Penalties include:

• 4 to 12 years in prison (up to 24 with aggravating factors)
• Fines between $3,000 and $750,000
• Mandatory sex offender registration
• Possible lifetime sex offender supervision

Class 4 Felony

Often tied to the production, promotion, or distribution of sexually exploitative material, this charge carries:

• 2 to 6 years in prison (up to 12 with aggravating factors)
• $2,000 to $500,000 in fines
• Sex offender registration
• Intensive supervised probation or parole

Class 5 Felony

Usually filed in cases involving possession of child pornography, including materials accessed through digital or electronic means or downloaded via file sharing platforms. Penalties may include:

• 1 to 3 years in prison (up to 6 with aggravating factors)
• $1,000 to $100,000 in fines
• Mandatory registration as a sex offender
• Potential probation for first-time offenders

In some cases, individuals are charged after peer-to-peer networks download content they never intentionally viewed. But under C.R.S. § 18-6-403, the possession of sexually exploitative material—even if automatic—can still result in a felony.

How Sexual Exploitation Investigations Typically Unfold

Unlike other criminal cases where arrest comes first, these investigations often begin quietly—with your digital life under a microscope long before you ever hear a knock at the door.

Digital First, Arrest Later

Investigators start by tracing online activity. They may:

• Monitor file sharing networks for known exploitative material
• Track IP addresses accessing prohibited content
• Secure and execute search warrants for devices
• Conduct forensic deep-dives into phones, computers, and storage systems

It’s common for months to pass before a suspect even learns they’re under investigation—often when law enforcement shows up with a warrant in hand.

Multiple Agencies, One Target

These cases typically involve a coordinated effort between:

• Local law enforcement and county sheriff’s offices (especially in places like Larimer County)
• The FBI and federal prosecutors
• ICAC Task Forces
• District attorney offices

That level of coordination makes the investigation more thorough—but it also opens the door for inconsistencies, especially when different agencies follow different protocols.

Evidence Is Digital—and Complicated

Prosecutors lean heavily on digital forensics. They look for:

• Downloaded or shared sexually exploitative material
• Internet search history
• Metadata showing when files were created, accessed, or deleted
• Evidence suggesting intent to hide, erase, or conceal activity

Defending these cases requires deep technical knowledge. We dig into the evidence just as aggressively—challenging search protocols, forensic interpretations, and whether your constitutional rights were respected at every step.

Common Defenses in Sexual Exploitation of a Child Cases

When you’re facing charges under C.R.S. § 18-6-403, the right defense strategy can make or break your case. No two situations are the same—but here are some of the defenses we’ve seen make a real impact:

1. Lack of Knowledge or Intent

Intent matters. If you didn’t knowingly possess or access sexually exploitative material, that’s a critical issue. These cases often involve:

• Files auto-downloaded through peer-to-peer or file sharing platforms
• Content received via mass messages or spam
• Cached material the user never meant to open
• Misleading links or pop-ups that lead to illegal material without clear warning

In short: not every digital trace is intentional—and the law recognizes that.

2. Technical Challenges

A lot of these cases rest on digital forensics. We look closely at whether the evidence actually holds up by challenging:

• The chain of custody for seized devices
• Flaws in forensic analysis
• Errors in timestamps or IP address attribution
• Unclear user activity on shared devices

If they can’t tie the material directly to you, that weakens their case—sometimes fatally.

3. Constitutional Violations

We’ve seen cases turned on their heads because investigators didn’t follow the rules. Strong defenses often involve:

• Unlawful search and seizure (violations of the Fourth Amendment)
• Overbroad warrants that exceed legal limits
• Questionable surveillance tactics or entrapment scenarios

When evidence is collected improperly, we fight to get it thrown out.

4. Statutory Exceptions

Colorado law makes room for certain legal, medical, or educational uses of material that might otherwise be considered illegal. These exceptions may apply to:

• Law enforcement and criminal defense lawyers
• Professionals providing bona fide treatment or evaluation
• Use in licensed social work or psychological care
• Educational institutions using materials in training or research

These carve-outs aren’t common—but if they apply, they matter.

What to Do If You’re Under Investigation

Whether you’ve already been charged or think you’re being watched, every move from here on matters. Here’s what we want you to do:

1. Exercise Your Right to Remain Silent

Don’t explain. Don’t justify. Don’t try to clear the air. Any statement—no matter how innocent—can be twisted. Wait until your defense attorney is with you.

2. Get Legal Help Immediately

These are not cases for generalists. You need someone who knows Colorado sex crimes, understands digital evidence, and has a track record in defending sexual exploitation of a child charges.

3. Do Not Delete or “Clean” Anything

Trying to remove files or wipe devices can backfire fast. Not only is it illegal, but it often makes things worse by leaving digital footprints investigators can use.

4. Prepare for Disruption

Even before charges are filed, investigations often involve:

• Seizure of phones, computers, and devices
• Employment suspension or workplace reporting
• Protective orders that may affect where you live
• Restrictions on internet access or contact with minors

It’s overwhelming. But the sooner we step in, the sooner we can start protecting your future.

How Dawson Law Approaches These Cases

If you’re facing a charge for sexual exploitation of a child, the truth is, you don’t need a generalist—you need someone who’s walked this road before. These aren’t cases where you can afford to learn as you go. The legal issues are layered, the digital evidence is dense, and the public pressure? It’s brutal.

At Dawson Law, we don’t treat these cases like a checklist. Here’s what we actually do.

We Start with the Evidence—But Not Just What They Hand Us

Prosecutors usually come in confident. They think digital evidence is airtight. But when we dig in with forensic experts, that confidence often cracks. We look at:

• Were those files opened—or just stored?
• Was this something you intentionally downloaded, or something that came in through file sharing or buried in a cache folder?
• Did someone else have access to the device?
• Could malware have planted that content?

We’ve seen cases where files were never viewed, never clicked, never even known about—yet charges were still filed. That’s where we step in.

Early Action Can Quiet the Storm

If we get in early—before formal charges are filed—we work to stop the train before it builds speed. That might mean:

• Laying out evidence the state hasn’t seen yet
• Opening the door to reduced charges or a diversion path
• Getting out ahead of constitutional problems with how they handled the search

We don’t wait for the arraignment to start fighting. We fight the moment we’re hired.

Privacy Matters—We Guard It Like It’s Our Own

We know what these accusations do to someone’s life, even before a verdict. People lose jobs, friends, sometimes their place to live—just based on an arrest.

That’s why we’re aggressive about:

• Keeping your name out of headlines and search results
• Securing protective orders when we can
• Navigating professional license issues, HR fallout, and whatever else lands in your lap because of this

One of our clients once told us, “You didn’t just handle my case—you helped me survive the month-to-month hell it caused.” That’s how seriously we take this.

The Part No One Talks About: What Happens After

Let’s say the case ends—and not in your favor. Maybe you pled to something lower. Maybe the charges stuck. What now?

That’s the part no one prepares you for. But we do.

Sex Offender Registration Isn’t Just a List—It’s a Life Changer

It means:

• Showing up in person to register, sometimes quarterly
• Seeing your name and details on a public list
• Being told where you can live, where you can work, where you can go
• Having your internet access monitored, and often, restricted

And no, this doesn’t go away in a few years. For some, it’s a lifetime condition.

The Internet Remembers

Even if the sentence ends, the Google search often doesn’t. Background checks pull it. Employers see it. Leasing agents Google it. It’s not just a record—it’s a barrier.

We’ve had clients denied jobs they were overqualified for, or passed over for housing because of a court case that happened five years earlier. That’s the kind of damage we work to minimize wherever we can—during the case, not after.

The Emotional Fallout Is Real

Let’s be honest: these cases leave marks. Some people come out the other side okay. Others don’t.

We’ve worked with folks dealing with:

• Depression that won’t quit
• Panic attacks and PTSD symptoms
• Shame so heavy, they barely talk to anyone outside their lawyer
• Thoughts they never thought they’d have

And while we’re not mental health professionals, we make sure to connect clients with people who can help. Because criminal defense isn’t just about trials. It’s about helping people hold onto their lives while everything else feels like it’s slipping.

Protecting Your Future Starts Here

Being charged with sexual exploitation of a child under C.R.S. § 18-6-403 turns your world upside down. It’s not just the legal risk—it’s the judgment, the isolation, the way everything starts slipping out from under you before you even step into a courtroom.

At Dawson Law Office, we’ve walked this path with others. We know how to handle the evidence, push back on the system, and protect what’s left of your name and your future when everything feels like it’s closing in.

If you think charges are coming, reach out to us. Two steps ahead is where we work best.