Sexual Exploitation of a Child
Possessing, producing, or distributing sexually explicit material involving a minor under the age of 18 is an incredibly serious crime in Colorado. The crime is sometimes referred to as possession, production, or transference of child pornography in other states, but in Colorado the offense is listed as “sexual exploitation of a child.” Since the offense involves young children, the state of Colorado imposes harsh penalties on those convicted.
A conviction for child pornography could ultimately result in not just years, but decades in prison. The penalties will also not stop once you’re released. Often those convicted or even charged with sexual exploitation of a child are met with a heavy stigma. The community who maybe once embraced you may now turn on you because of the shame the offense carries. It could then harm your chances of employment, housing, or even the ability to obtain a loan.
If you or someone you know has been charged with sexual exploitation of a child, then it’s within your best interest to get in contact with a Colorado sex crimes defense attorney.
Denver Child Pornography Defense Lawyer
Mere allegations of possessing, producing, or distributing child pornography could devastate your standing in the community and reputation. Stop the accusations in their tracks by hiring an experienced defense attorney with Law Office of Matthew A. Martin, P.C.. Matthew Martin has over two decades of experience handling sensitive and high-profile sex crime cases including those involving child pornography. His years in court as both a defense lawyer and prosecutor allow him to understand both sides and therefore have the upper hand in the courtroom.
Set up your first consultation with Law Office of Matthew A. Martin, P.C. today by calling our office at (303) 725-0017. Law Office of Matthew A. Martin, P.C. accepts clients throughout the greater Denver area including Boulder County, Douglas County, Jefferson County, Adams County, Arapahoe County, and Broomfield County.
Information Center:
- What is Child Pornography Defined Under Colorado Law?
- How Much Time for Sexual Exploitation of a Child in Colorado?
- Additional Resources
What is Child Pornography Defined Under Colorado Law?
Sexual exploitation of a child involves video or image material of a minor in sexual acts and is often referred to as child pornography. The crime is defined under Title 18 Article 6 part 4 of the Colorado Revised States (18-6-403), which state you’re guilty of sexually exploiting a child if:
- You cause, persuade, induce, or entice to the child into any explicit sexual conduct for the purpose of producing a performance
- Prepares, arranges for, publishes, promotes, produces, makes, sells, finances, exhibits, offers, deals in, or distributes sexually exploitative material of a child including by any digital or electronic means
- Is in control of or possesses sexually exploitative material of a child
- Sell, distribute, or possesses with intent to do so any sexually exploitative material involving a minor under the age of 18
- Coerce, cause, entice, induce, or permit a child to engage in explicit sexual conduct for the making of any type of sexually exploitative material
Colorado law does provide an exception to social workers, therapists, psychologists, physicians, court personnel, and law enforcement who may possess the material for a professional reason.
The term “sexual conduct” can include any of the following under Colorado law.
- Sexual Excitement – Simulated or real sexual arousal
- Erotic Nudity – Exposing genitals or the pubic area of another person
- Explicit Sexual Conduct – Any sexual act involving intercourse, masturbation, sexual enticement or sadomasochism
- Erotic Fondling – Groping another person’s clothed or unclothed pubic area, breasts, buttocks, or any other part of the body for a sexual purpose
- Sadomasochism – Physical restraint or harm used on another for a sexual purpose
How Much Time for Sexual Exploitation of a Child in Colorado?
Since the crime involves minors, the state of Colorado imposes harsh sentences on those convicted of sexual exploitation of a child. A first-time offense where photographs or other still exploitative images of a child were involved is classified as a class 5 felony. The maximum sentence a person can face for a class 5 felony is up to 3 years in prison and a $100,000 fine.
The court will reclassify the crime to a class 4 felony if one of the following is true.
- The sexually explicit material was:
- A video, motion picture, recording, or broadcast; or
- More than 20 different still items of sexually exploitative material
- It’s a second or subsequent offense
The maximum penalty for a class 4 felony is as follows.
- Up to 6 years in prison
- A fine of up to $500,000
If the offender was involved in the creation or distribution of said sexually exploitative material, then they’ll face a class 3 felony. A class 3 felony is punishable by:
- Up to 12 years in prison
- A fine of up to $750,000
Additional Resources
Enough is Enough – Visit the official website of Enough is Enough, a non-profit and non-partisan organization dedicated to making the internet safer for children and their families. Access the site to learn how to report a cybercrime, resources on child pornography, and other valuable information that may be useful.
Child Pornography Laws in Colorado – Visit the official website of the Colorado Revised Statues to learn more about their laws pertaining to child pornography. Access their statutes to find more information about what is defined as child pornography in Colorado, the penalties for possessing, producing, or distributing it, and other relevant offenses.
Denver Lawyer for Sexual Exploitation of a Child
If you have been accused of sexual exploitation of a child in any form, contact Law Office of Matthew A. Martin, P.C.. A charge involving child pornography could disrupt your whole life and even result in a prison sentence. That is why there is no time to waste. Contact Law Office of Matthew A. Martin, P.C. to speak with Colorado sex offense attorney Matthew Martin today. His years of experience and insight as a prosecutor could be the key to avoiding a lengthy prison sentence.
Call Law Office of Matthew A. Martin, P.C. to set up your first consultation as soon as possible.