Sexual Exploitation of a Child, C.R.S. 18-6-403 in Greeley, CO
Sexual Exploitation vs. Internet Sexual Exploitation of a Child – What’s the Difference?

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Sexual Exploitation of a Child, C.R.S. 18-6-403 and Internet Sexual Exploitation of a Child, C.R.S. 18-3-405.4 are both charged for viewing minors' intimate parts on a computer.

Sexual Exploitation of a Child, C.R.S. 18-6-403, and Internet Sexual Exploitation of a Child, C.R.S. 18-3-405.4, are both charged in Greeley, CO for viewing sexual images or videos depicting one or more children.  If you have been charged with either offense, don’t wait to contact a top Weld County sex crimes lawyer today.  Both crimes are felony sex offenses that could result in several years in the Colorado DOC, plus a plethora of other consequences.  Give us a call today to discuss your case and retain the representation you need to protect your future.

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Sexual Exploitation of a Child, C.R.S. 18-6-403 at the Weld County Court

Colorado’s Law on Internet Sexual Exploitation of a Child, C.R.S. 18-3-405.4

What is the Difference Between Laws on Sexual Exploitation of Children in Greeley?

Sexual Exploitation of a Child, C.R.S. 18-6-403 at the Weld County Court

Sexual Exploitation of a Child, C.R.S. 18-6-403, is usually charged at the Weld County Court for possessing, viewing, or accessing sexually exploitative material of children.  This law is as follows:

(3) A person commits sexual exploitation of a child if, for any purpose, he or she knowingly:

(b.5) Accesses with intent to view, views, possesses, or controls any sexually exploitative material for any purpose.

Sexual Exploitation of a Child is a class 5 felony for every count of sexually exploitative material possessed.  However, it can also be charged as a class 4 felony if it is the defendant’s second or subsequent offense, or they possessed any videos or moving images of the child(ren).

Colorado’s Law on Internet Sexual Exploitation of a Child, C.R.S. 18-3-405.4

Similarly, Colorado’s law on Internet Sexual Exploitation of a Child, C.R.S. 18-3-405.4, is:

(1) An actor commits internet sexual exploitation of a child if the actor knowingly importunes, invites, or entices through communication via a computer network or system, telephone network, or data network or by a text message or instant message, a person whom the actor knows or believes to be under fifteen years of age and at least four years younger than the actor, to:

(a) Expose or touch the person’s own or another person’s intimate parts while communicating with the actor via a computer network or system, telephone network, or data network or by a text message or instant message; or 

(b) Observe the actor’s intimate parts via a computer network or system, telephone network, or data network or by a text message or instant message.

Internet Sexual Exploitation is a class 4 felony and is subject to indeterminate sentencing.

What is the Difference Between Laws on Sexual Exploitation of Children in Greeley?

There are several differences between these laws that prohibit the sexual exploitation of children in Greeley.  Two of these differences are outlined below:

Factor

Sexual Exploitation of a Child

Internet Sexual Exploitation of a Child
Means – how the adult was able to view the child’s intimate parts Accessing, possessing, or viewing sexually exploitative material of the child(ren) Asking the child to expose their intimate parts or to look at the adult’s while communicating via a computer network or other similar platform – e.g., texting, Snapchat, Facetime, etc.
Sentencing + penalties
  • Required sex offender registration
  • Mandatory sex offender treatment
  • Restitution, if applicable
  • Class 5 felony:
    • 1 – 3 years in the Colorado DOC
    • 2 years of mandatory parole
    • Fine of $1,000 – $100,000
  • Class 4 felony:
    • 2 – 6 years in the DOC
    • 3 years of parole
    • Fine of $2,000 – $500,000
  • Minimum of 2 years in the Colorado DOC; no upper limit – defendant will be incarcerated indefinitely if convicted due to indeterminate sentencing
  • Fine of $2,000 – $500,000
  • Possible ineligibility for parole
  • Required sex offender registration
  • Mandatory sex offender treatment
  • Restitution, if applicable

Have you been charged with Sexual Exploitation of a Child or Internet Sexual Exploitation of a Child?  Remember to always be smart, and exercise your right to stay silent.  Never talk to the Fort Collins Police or Larimer County Sheriff about your charges.  Then call 970-616-6009 to discuss your case with a top criminal defense lawyer from the O’Malley Law Office today.  Together, we can protect your future.

The location for the Weld County Courthouse is 901 9th Avenue, Fort Collins, Colorado. We’ll see you there!

Photo by Christina Morillo

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