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What You Should Know about Child Pornography Charges in Colorado

Like all states, Colorado prohibits the possession, receipt, production, and distribution of child pornography. Child pornography is prohibited under a broad statute covering the sexual exploitation of children.

These sex crimes are broken down into three separate charges, with production and sale more harshly penalized than possession. However, possession of more than 20 items of child pornography or multiple convictions are aggravating factors that result in enhanced sentencing.

Unfortunately, child pornography is on the rise – as are efforts by state and federal law enforcement to catch and prosecute child pornographers. A child pornography conviction is quite serious, usually punishable by many years in prison and mandatory sex offender registration – often for life.

Below, we cover the laws surrounding child pornography in Colorado, as well as the consequences of a conviction.

Colorado Sexual Exploitation of a Child

Sexual exploitation of a child generally occurs when the defendant causes, induces, entices, or permits a child to engage in or be used for any sexually exploitative behavior, or for the production of sexually exploitative material. However, this charge may also result from possession or distribution of sexually exploitative material.

Sexual exploitation of a child is a Class 3 felony. If convicted, offenders could receive the following sentences:

  • Probation of a minimum of 20 years to as much as the offender’s natural life, with a possible jail sentence of up to 90 days or up to a two-year work release sentence.
  • Imprisonment for 4-12 years, with a mandatory parole of five years to life.
  • Mandatory sex offender registration.

Colorado Sexual Exploitation of a Child

Procurement of a Child for Sexual Exploitation in Colorado

Procurement of a child for sexual exploitation occurs when the defendant gives, transports, provides, makes available, or offers to provide or make available to another person a child for the purpose of sexual exploitation, including for the production of child pornography.

Procurement of a child for sexual exploitation can also be processed as a statutory charge. This means that even if the victim willingly engages in sexual activity with the defendant, the charge still applies, as a minor child is considered legally unable to consent to such acts.

Procurement of a child for sexual exploitation is a Class 3 felony. If convicted, offenders can face the following sentences:

  • Probation of a minimum of 20 years to as much as the offender’s natural life, with a possible jail sentence of up to 90 days or up to a two-year work release sentence.
  • Imprisonment for 4-12 years, with a mandatory parole of five years to life.
  • Mandatory sex offender registration.

Colorado Internet Sexual Exploitation of a Child

Internet sexual exploitation of a child occurs when the defendant attempts to acquire child pornography over the internet. For example, by requesting that a minor send sexually explicit images or videos.

Internet sexual exploitation of a child is Class 4 felony. If convicted, offenders can face the following sentences:

  • Probation of a minimum of 10 years to as much as the offender’s natural life, with a possible jail sentence of up to 90 days or up to a one-year work release sentence.
  • Imprisonment for 2-6 years, with a mandatory parole of five years to life.
  • Mandatory sex offender registration.

Serious?

Denver Child Molestation Lawyer

Absolutely. A child pornography or other sex crime conviction can be life changing. If you are facing child pornography charges or are under investigation for child pornography, you need to start planning your defense strategy as soon as possible.

 

About the Author:

Since 2005, Jeffrey L. Weeden has been practicing criminal defense law in Colorado and has helped countless clients protect their rights and freedoms as a respected, caring, hard-nosed criminal defense attorney. Over the course of his career, Mr. Weeden’s work has been recognized in numerous ways, including being named to the Top 100 Trial Lawyers list by The National Trial Lawyers, earning a 10.0 “Suberb” Avvo rating, receiving Martindale-Hubbard’s highest peer review rating — AV Preeminent, and being asked to speak on several issues of interest to the legal community. Additionally, he is someone who cares deeply about his community and those in need, and is an active member of a number of professional legal organizations, including the Rocky Mountain Children’s Law Center and Law Firm Pro Bono Coordinators.

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