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Possession of Child Pornography

Greeley Sexual Exploitation of a Child
Possession of Child Pornography

Posted on September 19, 2019October 14, 2019

Do you need a Sexual Exploitation of a Child or Child Pornography Lawyer in Weld County? Call the O'Malley Law Office to set up a free consultation!

In Greeley, Colorado, when someone is accused of Sexual Exploitation of a Child, it is typically due to their alleged possession of Child Pornography. This is the most common reason Greeley Police will charge a person for Sexual Exploitation of a Child. Recently, a private school teacher was actually charged recently for an allegation against him for possessing child pornography. Though there was no evidence of any inappropriate action towards his students, he was still fired after his arrest. A Sexual Exploitation of a Child conviction can severely disrupt anyone’s daily life and even include prison time and a hefty fine. If you’ve been accused of possessing child pornography, you need a strong and determined criminal defense lawyer fighting for you.

What is Sexual Exploitation of a Child in Greeley and Frederick?

In Greeley and Frederick, the definition of Sexual Exploitation of a Child, C.R.S. 18-6-403, by Colorado is as follows:

A person commits sexual exploitation of a child if, for any purpose, he or she knowlingly:

3(b.5) Possesses or controls any sexually exploitative material for any purpose;

There are other provisions of this statute which you can read about here! The other parts of this law deal mainly with forcing a child to participate in the creation of sexually exploitative material, and the selling, publishing, or distribution of such material.

How is Sexual Exploitation of a Child Sentenced in Weld County?

Furthermore, in Weld County, Sexual Exploitation of a Child can be a class 3 felony, a class 4 felony, or a class 5 felony. For possession of child pornography, the accused would face a class 5 felony. A class 5 felony sentence consists of 1 to 3 years in the Colorado Department of Corrections, and a fine between $1,000 and $100,000.

What Images of Children are Considered Pornographic in Longmont?

In Longmont, not all images of children are considered pornographic. Not all images of naked or partially nude children are pornographic. Many of us have seen those gray scale images of a new baby usually wearing just a diaper, or people post cute images of their baby taking a bath. Luckily, Colorado law provides clarification on this issue.

Colorado’s definition of “Erotic Nudity” is:

The display of the human male or female genitals or pubic area, the undeveloped or developing genitals or pubic area of the human male or female child, the human breasts, or the undeveloped or developing breast area of the human child, for the purpose of real or simulated overt sexual gratification or stimulation of one or more of the persons involved.

Additionally, Colorado’s definition of “Sexually Exploitative Material” is:

Any photograph, motion picture, video, recording or broadcast of moving visual images, 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.

Basically, as long as a nude or partially naked image or video of a child does not have any sexual aspects to it, it cannot be considered pornographic or sexually exploitative. Unfortunately, some police treat any nude image of a child as illegal.

ARE YOU ACCUSED OF SEXUAL EXPLOITATION OF A CHILD IN GREELEY OR WELD COUNTY?

Be smart, and exercise your right to remain silent. Call the experienced Sexual Exploitation of a Child attorneys at the O’Malley Law Office.

Call 970-616-6009 or fill out the Get Help Now form to meet with an experienced criminal defense lawyer in Weld County and the Greeley area for a free consultation.

Together, we can protect your future.

Photo by Sergey Zolkin on Unsplash