Sexual Exploitation of a Child, C.R.S. 18-6-403, is charged for any act of possessing, viewing, or accessing sexually exploitative material, or child pornography. Adults and juveniles alike may be charged with this offense. However, depending on the circumstances, a juvenile can instead be charged with Posting, Possession, or Exchange of a Private Image by a Juvenile, C.R.S. 18-7-109. This delinquent act / juvenile crime is far less severe, and is only ever a misdemeanor offense at worst. By contrast, Sexual Exploitation of a Child is always a felony offense and carries far more stiff penalties. Whether your child has been charged with Posting, Possession, or Exchange or Sexual Exploitation of a Child, it is critical that you contact a top criminal defense lawyer on their behalf.
1. Colorado’s Law on Sexual Exploitation of a Child, C.R.S. 18-6-403
Colorado’s law on Sexual Exploitation of a Child, C.R.S. 18-6-403 / SEOC, when charged for possessing or viewing sexually exploitative material / child pornography, is as follows:
Any act of possessing, viewing, or accessing child pornography will result in these charges. However, if a juvenile is found in possession of a nude image of another juvenile, they may instead be charged with Posting, Possession, or Exchange of a Private Image by a Juvenile, C.R.S. 18-7-109.
2. Posting, Possession, or Exchange of a Private Image by a Juvenile, C.R.S. 18-7-109 in Greeley
Posting, Possession, or Exchange of a Private Image by a Juvenile, C.R.S. 18-7-109, can be charged for any one of several different acts in Greeley. Generally, we see this offense most frequently charged for acts of juvenile “sexting” – that is, two teenagers sending nude images of themselves to each other. This offense was added to Colorado law in 2017 in large part to protect juveniles from being charged with SEOC for just sexting each other.
While it is a crime to possess nude images of any person under the age of 18, Colorado legislators recognized that there is a substantial difference between possessing “child pornography” and engaging in the typical behavior of sexting. Hence, a juvenile who engages in sexting is likely to be charged with Posting, Possession, or Exchange. However, among other factors, it largely depends on the age of the juvenile depicted in the image, or the age of the juvenile who received the image.
3. Can a Juvenile Be Charged with Sexual Exploitation in Fort Morgan or Firestone?
Yes, a juvenile can be charged with Sexual Exploitation of a Child in Fort Morgan or Firestone. Being a minor does not grant juveniles immunity from being charged with this crime. Typically, a juvenile will be charged with SEOC if they are found in possession of sexually exploitative material depicting younger children. While there are other significant differences, Posting, Possession, or Exchange of a Private Image is generally charged instead when the juvenile who received or was depicted in the image is closer in age to the juvenile who sent or distributed it. This usually means that the depicted juvenile, or the recipient, was at least 14 years old or less than 4 years younger than the juvenile who sent the image. Finding images of child exploitative material online would definitely result in a Sexual Exploitation of a Child charge.
Has your child been charged with Sexual Exploitation of a Child or Posting, Possession, or Exchange of a Private Image by a Juvenile? Help them to be smart, and exercise their right to remain silent. Then call 970-616-6009 to discuss your child’s case with a top criminal defense lawyer at the O’Malley Law Office today. Together, we can protect your child’s future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
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