Juvenile Sexting - Posting, Possession, or Exchange of a Private Image by a Juvenile | C.R.S. 18-7-109 Attorney in Weld County
In Weld County, Colorado, you will need an attorney if your teen is participating in Posting, Possessing or Exchanging a Private Image by a Juvenile, C.R.S. 18-7-109. Juvenile sexting has become popular in Greeley high schools and middle schools, as technology has become more accessible to teenagers. Despite this, it is still a crime to share or possess nude images of a minor. Therefore, anyone under 18 years of age is off limits, and their nude pictures are child pornography. Fortunately, Colorado law recognizes that a teen couple sending each other nude images, is not malicious. Eventhough it is not appropriate, neither party needs to go to Weld County Jail or DOC as punishment.
What is Posting, Possession, or Exchange of a Private Image by a Juvenile, C.R.S. 18-7-109, in Greeley?
In Greeley, Posting, Possession, or Exchange of a Private Image by a Juvenile, C.R.S. 18-7-109, also known as Juvenile Sexting, is when:
(a) Knowingly distributes, displays, or publishes to the view of another person a sexually explicit image* of a person other than himself or herself who is at least fourteen years of age or is less than four years younger than the juvenile:
(I) Without the depicted person’s permission; or
(II) When the recipient did not solicit or request to be supplied with the image and suffered emotional distress; or
(III) When the juvenile knew or should have known that the depicted person had a reasonable expectation that the image would remain private; or
(b) Knowingly distributes, displays, or publishes, to the view of another person who is at least fourteen years of age or is less than four years younger than the juvenile, a sexually explicit image of himself or herself when the recipient did not solicit or request to be supplied with the image and suffered emotional distress.
(2) A juvenile commits the offense of possessing a private image by a juvenile if he or she, through digital or electronic means, knowingly possesses a sexually explicit image of another person who is at least fourteen years of age or is less than four years younger than the juvenile without the depicted person’s permission; except that it is not a violation of this subsection (2) if the juvenile:
(a) Took reasonable steps to either destroy or delete the image within seventy-two hours after initially viewing the image; or
(b) Reported the initial viewing of such image to law enforcement or a school resource officer within seventy-two hours after initially viewing the image.
(3) A juvenile commits the civil infraction of exchange of a private image by a juvenile if he or she, through digital or electronic means:
(a) Knowingly sends a sexually explicit image or images of himself or herself to another person who is at least fourteen years of age or is less than four years younger than the juvenile, and the image or images depict only the sender and no other person and the sender reasonably believed that the recipient had solicited or otherwise agreed to the transmittal of the image or images; or
(b) Knowingly possesses a sexually explicit image or images of another person who is at least fourteen years of age or is less than four years younger than the juvenile, and the image or images depict only the sender and no other person and the juvenile reasonably believed that the depicted person had transmitted the image or images or otherwise agreed to the transmittal of the image or images.
*”Sexually explicit image” means any electronic or digital photograph, video, or video depiction of the external genitalia or perineum or anus or buttocks or pubes of any person or the breast of a female person
To clarify, whether a teen or Juvenile sends a sexually explicit image of themselves or of another person, they can be charged with this crime. So when a girl sends a naked picture of herself to her boyfriend, and then the boyfriend sends that picture to show all his friends, everyone involved can be charged.
How is Posting, Possession, or Exchange of a Private Image by a Juvenile Sentenced in Evans and Greeley?
Fortunately, if your Juvenile have been convicted of Posting, Possession, or Exchange of a Private Image by a Juvenile, in Evans and Greeley, the punishment for this crime is light, compared to when the same crime involves an adult. This crime ranges from a petty offense conviction to a class 1 misdemeanor.
Petty Offense
- A Juvenile is possessing a private image by another juvenile
Class 2 Misdemeanor
- Accused teen has 10 or more sexually explicit images of 3 or more separate teens
- Accused Juvenile posts nude photo online
Class 1 Misdemeanor
- Accused teen posts the private image online with the intent to coerce, intimidate, threaten, or otherwise cause emotional distress to the teen pictured
- Juvenile has a prior adjudication for posting a private image and they have already completed a diversion or education program
- Juvenile distributed, displayed, or published three or more images that depicted three or more separate and distinct persons
Civil Infraction
- Exchange of a private image by a juvenile
Furthermore, a petty offense for juveniles includes a $500 fine and probation. A misdemeanor conviction will also include a fine and probation time as well. However, if convicted, it is more likely that the teen will be punished by participating in a program designed around the education of the risks and consequences of exchanging a sexually explicit image of a juvenile. They will also likely be able to seal their record in the future.
Why You Need a Weld County Juvenile Crimes Lawyer for Juvenile Sexting
But whether it is a petty offense, or a felony charge, you always need a Weld County Lawyer, especially for Juvenile Crimes like Sexting. You don't want your teenage son or daughter's life to be ruined by any type of criminal charge. Hiring an experienced Juvenile defense attorney is vital to your kid's future when they have been accused of any kind of crime. We will work aggressively to make sure your child's future is protected.