Sexual Exploitation of a Child, C.R.S. 18-6-403, carries a plethora of different penalties in Greeley, CO. As a felony sex crime that involves one or more child victims, conviction generally means incarceration at the Colorado DOC, registering as a sex offender, pursuing sex offender treatment, and more. When charged as an extraordinary risk crime, however, the penalties can be even more severe. This is because the extraordinary risk crime designation increases the upper limit of the presumptive sentencing range by several months or years. If you have been charged with Sexual Exploitation of a Child, don’t wait, and contact a top Weld County criminal defense lawyer to discuss your case today.
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Blog Navigation: What is the “Extraordinary Risk Crime” Designation in Greeley? Penalties for Sexual Exploitation of a Child as an Extraordinary Risk Crime at the Weld County Court |
What is the “Extraordinary Risk Crime” Designation in Greeley?
In Greeley, a crime is designated “extraordinary risk” when it is deemed to pose special risk not just to one victim, but also to society as a whole. For this reason, extraordinary risk crimes carry longer sentences to the Colorado DOC than other offenses. An extraordinary risk crime extends the upper limit of the presumptive sentencing range by 6 months to 4 years, depending on the crime’s classification. Only felony offenses – with the exception of class 1 and class 2 felonies – can be designated extraordinary risk crimes. Additionally, some crimes – like Sexual Exploitation of a Child – are only designated “extraordinary risk” in some circumstances.
When is Sexual Exploitation of a Child, C.R.S. 18-6-403, Considered an Extraordinary Risk Crime in Fort Morgan and Ault?
Sexual Exploitation of a Child, C.R.S. 18-6-403, is considered an extraordinary risk crime when the sexually exploitative material / illegal pornography depicts a child who is:
- Under 12 years old,
- Subjected to actual physical force or violence, or
- Subject to sexual intercourse, sexual intrusion, or sadomasochism.
These criteria apply to every subsection of Sexual Exploitation of a Child, but it is most common for people to be charged for possessing, accessing, or viewing sexually exploitative material.
Penalties for Sexual Exploitation of a Child as an Extraordinary Risk Crime at the Weld County Court
When Sexual Exploitation of a Child is designated an extraordinary risk crime at the Weld County Court, more severe penalties will be levied against the defendant if they are convicted. Specifically, they can be given a longer sentence to the Colorado DOC. See the table below for the sentencing range that will be applied to a defendant convicted of possessing, viewing, or accessing sexually exploitative material*:
Classification |
Circumstances |
Colorado Prison Time |
|
Class 5 felony / F5 | 1 – 3 years |
| It is the defendant’s first Sexual Exploitation offense, and it is designated an extraordinary risk crime. | Class 5 felony / F5 + extraordinary risk crime | 1 – 4 years |
|
Class 4 felony / F4 | 2 – 6 years |
| The above circumstances + the offense met the criteria for extraordinary risk crime designation | Class 4 felony / F4 + extraordinary risk crime | 2 – 8 years |
*This table does not account for the production, distribution, possession with intent to sell, etc. of sexually exploitative material. This would result in a higher felony classification and stiffer penalties.
Have you been charged with Sexual Exploitation of a Child? Always be smart, and exercise your right to stay silent. Never discuss your case with the Weld County Sheriff or Greeley Police, who are helping to build a case against you at the Weld County Court. Then call 970-616-6009 to discuss your case with a top Greeley sex crimes 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, Greeley, Colorado. We’ll see you there!
Photo by Sora Shimazaki