Sexual Exploitation of a Minor

Denver Child Sexual Exploitation Lawyer

The sexual exploitation of a child is a very serious criminal offense that is harshly prosecuted by the Colorado judicial system. These criminal offenses mainly include the production, possession, and distribution of child pornography. 

An arrest for the sexual exploitation of a child does not have to be an immediate prison sentence. If you’ve been charged with the sexual exploitation of a child, you deserve an experienced Denver criminal defense attorney representing you. At WeedenLaw, our criminal defense attorneys believe that everyone is innocent until proven guilty. Facing conviction for such a crime can be traumatizing, but serving jail time because you didn’t fight for your rights is even worse. 

Following your arrest, it’s crucial that you contact the Denver sex crimes attorneys at WeedenLaw. Not only will they tell you what to do during your questioning, but they can begin researching your criminal charges and building your case. To learn more about your legal options, call WeedenLaw at 720-307-4330 or contact us online today. 

What Does Sexual Exploitation Mean?

Sexual exploitation is a type of sexual abuse where an individual is coerced, manipulated, or deceived into engaging in sexual activities in exchange for some form of compensation, such as money, goods, protection, or other material benefits. This exploitative behavior often involves an imbalance of power, where the exploiter holds more authority or control over the victim. 

Victims of sexual exploitation are typically in vulnerable positions due to age, financial instability, social circumstances, or psychological state, making them more susceptible to such exploitation. Children and teenagers, as well as marginalized individuals, are particularly at risk. 

Sexually Exploitative Material Definition

According to Colorado Revised Statute 18-6-403, sexually exploitative material is considered: 

“any photograph, motion picture, video, recording or broadcast of moving visual images, LIVESTREAM, print, negative, slide, or other mechanically, electronically, chemically, or digitally reproduced visual material that depicts a child engaged in, participating in, observing, or being used for explicit sexual conduct.”

What is Sexual Exploitation of a Minor?

Colorado R.S. 18-6-403 outlines the actions considered sexual exploitation of a minor. A person commits sexual exploitation of a child if they are caught performing any of the following actions: 

• Persuading or allowing a child to participate in or be used for any explicit sexual conduct to create sexually explicit material; or
• Preparing, organizing, or publishing (including through digital or electronic means), creating, promoting, fabricating, selling, funding, presenting, exhibiting, advertising, trading, or disseminating (also through digital or electronic methods) any material that is sexually exploitative; or 
• Possessing any sexually exploitative material for any reason; however, this (b.5) does not apply to law enforcement officers or court staff carrying out their official responsibilities, nor does it apply to physicians, psychologists, therapists, or social workers, provided they are licensed in the state of Colorado and possess such materials as part of a legitimate treatment or evaluation program at the designated treatment or evaluation site; or
• Possessing, with the intention to trade, sell, or circulate, including through digital or electronic means, any sexually exploitative material; or
• Leading, persuading, luring, or allowing a minor to participate in, or be utilized for, any explicit sexual activity with the intent of creating a performance.

Colorado Sexual Exploitation Laws

The laws surrounding the sexual exploitation of a child in Colorado are outlined under Colorado Revised Statute 18-6-403. This statute goes into great detail describing the actions that fall under this criminal offense. 

CRS 18-6-403

According to Colorado R.S. 18-6-403, the sexual exploitation of minors represents an unjustified intrusion into the minor’s right to privacy and leads to social, developmental, and emotional harm; a person under the age of 18 lacks the capacity to provide informed consent for the use of their body for sexual purposes; and in order to safeguard minors from sexual exploitation, it is essential to forbid the creation of content that involves or originates from such exploitation and to prevent the circulation of sexually exploitative materials in commercial channels.

Regarding the sexual exploitation of a child, this Colorado statute defines certain terms that are relevant to this law and possible criminal conviction:

• Child: any person under 18 years of age
• Erotic fondling: The act of touching a person’s clothed or unclothed genitals or pubic area, as well as the genitals or pubic area (if the person is a child) that is either in development or undeveloped, in addition to the breasts, buttocks, or developing or undeveloped breast area (if the person is a child). This touch is done with the intent of real or simulated overt sexual stimulation or stimulation for one or more of the individuals involved. It’s important to note that “erotic fondling” does not encompass physical contact, even if affectionate, that does not have the intent of real or simulated overt sexual gratification or stimulation of one or more of the individuals engaged in the act.
• Erotic nudity: The exhibition of the male or female human genitals or pubic area, the undeveloped or developing genitals or pubic area of a male or female child, the human breasts, or the developing or undeveloped breast area of a human child, with the intention of real or simulated explicit sexual pleasure or stimulation for one or more of the individuals engaged in the display.
• Explicit sexual conduct includes sexual intercourse, erotic nudity and fondling, sadomasochism, masturbation, or sexual excitement.
• Masturbation: The real or simulated touching, rubbing, or otherwise stimulating of a person’s own genitals or pubic area, as well as the genitals or pubic area (if the person is a child) that is either in development or undeveloped, in addition to the buttocks, breasts, or developing or undeveloped breast area (if the person is a child). This stimulation can occur through manual manipulation, self-induction, or the use of an artificial instrument, with the intent of genuine or simulated explicit sexual pleasure or the arousal of the individual.
• Sadomasochism
  • Real or simulated flagellation or torture with the intent of real or simulated sexual stimulation or gratification; or
  • The real or simulated condition of being physically fettered, bound, or otherwise restrained for sexual stimulation or gratification of an individual.
• Sexual excitement: The real or simulated condition in which the male or female human genitals are experiencing genuine or simulated explicit sexual stimulation or arousal.
• Sexual intercourse: Real or simulated intercourse, which can include genital-genital, oral-genital, anal-genital, or oral-anal contact, involving individuals of the same or opposite sex, or between a human and an animal, or with the use of an artificial genital.
• Video, recording or broadcast, or motion picture: Any content that portrays a dynamic visual representation of a child involved in, taking part in, witnessing, or being utilized for explicit sexual activities.  

What are the Penalties for Child Sexual Exploitation in Colorado?

A person caught possessing, creating, or distributing sexually exploitative material can face serious penalties if convicted of the offense. Below are the criminal penalties for the sexual exploitation of a child in Colorado.  

Class 5 Felony Child Sexual Exploitation

The first offense for a small amount of child pornography, including photographs or other still photos, is considered a Class 5 felony. If convicted, an individual can face one to three years in prison and/or fines between $1,000 to $100,000.  

Class 4 Felony Child Sexual Exploitation

A person can be convicted of a Class 4 felony if:

• It’s their second or subsequent offense, or 
• The child pornography includes: 
  • Video, motion picture, recording or broadcast of moving images, or
  • Over 20 different items that can be considered sexually exploitative material. 

The penalties following a Class 4 felony conviction include two to six years in prison and/or fines between $2,000 to $500,000. The Internet sexual exploitation of a child is also considered a Class 4 felony. This offense includes live streaming and grooming children for sexual purposes. 

Class 3 Felony Child Sexual Exploitation

Anyone found guilty of creating or distributing child pornography can be charged with a Class 3 felony. This felony conviction can result in up to 12 years in prison and/or fines between $3,000 to $750,000. 

Potential Defenses to Child Sexual Exploitation Charges

If you’ve been arrested on charges of sexual exploitation of a child in Colorado, you aren’t facing an immediate prison sentence. It’s critical to acquire an experienced criminal defense attorney who can construct a strong defense against the charges. At WeedenLaw, our attorneys have used a number of defense strategies to defend clients against charges of the sexual exploitation of a child. 

The most common defense strategies that Denver criminal defense attorney Jeff Weeden has used include: 

• A legitimate reason for possessing such material (not for sexual gratification)
• An illegal search resulted in the discovery of sexually explicit materials. 
• Those involved are 18 years or older. 
• The touching in the material was not for sexual gratification. 
• The person was not aware of the materials found in their possession.
• The person facing charges is a licensed therapist, physician, or social worker who was in possession of the materials for bona fide treatment or evaluation. 

Why You Need an Experienced Criminal Defense Attorney

Facing charges as serious as sexual exploitation of a child requires the knowledge of an experienced criminal defense attorney. Not only can a conviction result in a lengthy prison sentence and hefty fines, but the consequences following a person’s release can follow them for the rest of their life. 

An individual who has been charged with the sexual exploitation of a child will be forced to register as a sex offender. This registration can make finding housing and employment extremely difficult as many are hesitant to employ or rent to registered sex offenders. Plus, sex offenders must always remain a certain distance from schools and daycares, which can also make finding a home or job challenging.  

Whenever children are involved in a crime, Denver prosecutors aggressively fight for convictions, even if the evidence proves otherwise. While a possible conviction can feel impossible, it’s important to fight for your rights. Working with a criminal defense attorney can greatly improve your chances of having your charges either lowered, dropped, or dismissed. 

Call Denver Child Sexual Exploitation Defense Attorney Jeff Weeden For a Free Consultation

If you’ve been arrested for the sexual exploitation of a child, don’t wait to start building your defense. As soon as you’ve been charged, contact Denver criminal defense attorney Jeff Weeden. To learn more about your legal options following an arrest for the sexual exploitation of a child, contact WeedenLaw at (720) 307-4330 today.