Colorado Sexting Laws

Cell phones have become not only ubiquitous, but their capabilities have outstripped anything their earliest users may have ever dreamed. This includes the ability to take and transmit high-quality videos and digital photos instantly and with ease. 

This ability has also spawned the phenomenon of “sexting,” where individuals send suggestive or sexually explicit images to others using their phones. Although Colorado doesn’t recognize consensual sexting between adults as a crime, the letter of the law becomes murky when teens choose to engage in sexting, and it comes with its fair share of legal implications.

Many teenagers assume that taking and sharing explicit images of themselves won’t lead to serious consequences. Yet in many states, teen sexting is specifically addressed through new legislation, such as HB 17-1302 in Colorado. 

In this blog, we’ll break down Colorado sexting laws in more detail and explain how Denver criminal defense attorney Jeff Weeden of Weeden Law helps protect the rights and futures of minors facing these allegations. For legal advice and guidance regarding your specific situation, you can also call (720) 307-4330 or contact us online to schedule a free and confidential consultation today.

What is Sexting?

Sexting is the act of sending or receiving sexually explicit images, videos, or messages through digital or electronic means, such as smartphones or social media platforms. This often includes explicit content that depicts nudity, sexual acts, or close-up images of a person’s pubic area, buttocks, or female breasts. 

While commonly associated with teenagers, sexting occurs across all age groups and can carry serious legal and social consequences, particularly when minors are involved.

Is Sexting Illegal in Colorado?

Under Colorado law, sexting between consenting adults is not a criminal offense. However, it becomes a serious crime when an adult sends or receives sexually explicit images involving a minor. Even if the minor “consents,” any exchange of explicit content that includes a person under 18 may be considered child pornography and prosecuted under Colorado’s child sexual exploitation statutes.

Colorado law does not excuse these actions based on intent or perceived consent, and individuals can face serious charges if the depicted person is a minor, even if the adult had a reasonable expectation that the communication was private or mutual. Violations can result in criminal charges and long-term consequences.

Is Sexting Illegal for Minors?

In 2017, House Bill 17-1302 introduced a tiered legal framework to distinguish between consensual and non-consensual exchanges of explicit images among teens. Under these teen sexting laws in Colorado, consensual sharing of explicit images between minors close in age is generally treated as a civil infraction.

However, if a minor distributes explicit images without the depicted person’s consent, or if the recipient did not solicit the image and suffers emotional distress, the offense escalates to a misdemeanor offense. In more severe cases, such as when images depict sexual acts or are shared maliciously, charges can rise to a felony-level offense.

Sexting vs. Child Internet Sexual Exploitation in CO

In Colorado, internet sexual exploitation of a child occurs when one person entices or convinces another person that they know or believe to be younger than 15 to engage in “cybersex”. Cybersex occurs when two people use text messaging, web cameras, or any other communication device to send sexually explicit messages, videos, or photos.

For internet sexual exploitation charges to stand, a person must try to convince the child to:

• Expose or touch their intimate parts;
• Expose or touch another person’s intimate parts; or
• Observe the actor’s intimate parts.

Sexual exploitation of a child in Colorado can be classified as a Class 3, Class 4, or Class 6 felony, depending on the particular facts of each case. Regardless, a conviction for sexual exploitation of a child can bring about severe legal consequences under Colorado law. 

Is Sexting a Felony in Colorado?

According to Colorado’s teen sexting law, teen sexting can involve teens both under and above the age of 18, meaning charges can go through either adult courts or juvenile courts. 

Thus, there is a wide range of penalties that may apply, from civil infractions to felony charges. Internet sexual exploitation of a child, or “cybersex,” as mentioned above, is a Class 4 felony in Colorado. 

Prior to 2017, these were the only charges that could be laid against teens engaging in sexting behavior. However, after Colorado legislature HB 17-1302 was passed, these new laws allow several lighter or misdemeanor charges for consensual sexting between similarly-aged teens. These newer laws cover:

• Posting sexually explicit photos: Teens under the age of 18 can be charged with posting sexually explicit images if they knowingly distribute, display, or publish images of another juvenile who is at least 14 or less than 4 years younger without permission. 

The state may also charge teens with this crime if they distribute, display, or publish images of themselves without a reasonable belief that the recipient didn’t request them and, as a result, the recipient suffered emotional distress. 

• Possession of sexually explicit photos: A juvenile may be charged with this crime if they knowingly possess an image of another person who is at least 14 or less than 4 years younger than they are without permission.
• Exchanging sexually explicit photos: This occurs when two juveniles exchange images of themselves with a reasonable belief that the other party consented to the exchange.

Though these new laws exist, teens who engage in sexting behavior with other teens significantly younger than themselves or engage in sexting behavior without the consent of the other teen in question could still face harsher penalties. A Denver juvenile criminal defense attorney like Jeff Weeden can help navigate these complex cases.

Can You Go to Jail for Sexting in Colorado?

Yes, you can go to jail for sexting, depending on the circumstances. For example, if an adult sends or receives sexual images involving a minor, it can lead to serious criminal charges and significant prison time, even for a first offense. 

For minors involved in sexting, repeat offenders or those involved in non-consensual distribution of explicit content may also face the possibility of jail time.

Juvenile Penalties for Sexting in Colorado

Penalties for sexting-related criminal charges for anyone under the age of 18 may not be as severe as adult charges. Judges in juvenile courts have far more discretion when administering consequences. In most first-time cases, small fines and educational programs are often prioritized to prevent repeat offenders and avoid imposing long-term criminal charges on minors.

In more severe cases, however, a juvenile charged with a sexting-related crime could face:

• House arrest
• Probation
• A large fine
• Placement with a county social services department
• Detention in a juvenile facility

The severity of these penalties will differ from case to case. Under Colorado’s teen sexting law, HB 17-1302, the following penalties apply to certain sexting behaviors among minors:

Posting Private Images

This crime is typically a Class 2 misdemeanor but can be upgraded to a Class 1 misdemeanor if the teen posting or sharing the image has a criminal record or was believed to have malicious intent. 

Possession of Private Images

Possession is typically classified as a petty offense unless there are multiple images of different individuals involved. More specifically, if the possessor holds 10 or more images depicting 3 or more different people, the state can upgrade the petty offense to a Class 2 misdemeanor.

Exchanging Private Images

This is the least severe charge. The state usually hands the teen in question a civil infraction. In addition to this civil citation, the state may require them to participate in a sexting education program, such as those offered through the Colorado School Safety Resource Center, as well as a fine of $50, which may be waived upon completion of the program. 

Adult Penalties for Sending Inappropriate Pictures to a Minor in Colorado

In Colorado, adults involved in sexting-related crimes with minors are typically charged with sexual exploitation of a child, which is a felony offense. This is a serious charge that can result in severe penalties, including lengthy prison terms and substantial fines.

A conviction for sexual exploitation can carry up to 12 years in prison, fines as high as $750,000, and mandatory sex offender registration. Repeated offenses or possession of multiple images can lead to even harsher felony charges. In these cases, the long-term consequences extend far beyond incarceration, often affecting housing, employment, and personal relationships for years to come.

Federal Sexting Laws

Depending on the circumstances, sexting may also be considered a federal crime. This may occur when someone exchanges sexually explicit images across state lines. 

However, for individuals under the age of 18, it is very unlikely they will be charged with a federal crime. The Federal Juvenile Delinquency Act provides that, where possible, individual states charge juveniles rather than the federal government.

How Jeff Weeden Can Help with Denver, CO Sexting Charges

If you or your child is facing charges related to sexting in Colorado, the legal risks are too serious to ignore. Sexting cases involving minors can quickly escalate into felony charges, exposing individuals to severe penalties, including prison time, sex offender registration, and a permanent record. These outcomes can limit future opportunities in education, employment, and housing. 

Attorney Jeff Weeden, an experienced Denver defense attorney, understands how prosecutors build their cases and works aggressively to challenge the prosecution’s case by analyzing the acts committed, questioning consent, and identifying potential defenses.

At WeedenLaw, we also recognize the importance of parental guidance and emotional support during this stressful time. When dealing with accused juveniles and their parents, Jeff Weeden offers judgment-free legal representation tailored to the unique facts of each case, with a focus on minimizing long-term consequences. 

Whether your case involves an alleged first-time offense or repeated behavior, he can help you explore alternatives such as educational programs or diversion, rather than harsh sentencing. Don’t leave your or your child’s future to chance. Contact Jeff Weeden for trusted legal support when facing sexting charges in Denver, CO and the nearby areas.

Contact a Denver Sex Crime Attorney at WeedenLaw For a FREE CONSULTATION Today

Under Colorado law, sexting charges–particularly when they involve minors–can lead to serious legal consequences, including misdemeanor or even felony charges. These outcomes can impact every part of you or your child’s life, from education to employment, so don’t wait to get the legal guidance you need. 

To learn more about sexting in Colorado or to speak with a an experienced Denver sex crime defense attorney regarding your specific case, contact WeedenLaw at (720) 307-4330 or complete our online intake form to schedule your free consultation today.