Sexual Exploitation of a Child charges in Greeley and Weld County have become significantly harsher in recent years. Whereas before, possessing over a certain number of child sexual abuse materials (CSAM) would increase the potential penalty, now the legislature has made it so that a person can be charged with a count for every image possessed. It seems they are now cracking down on distribution as well. Uploading an image on social media or any platform is now seen as potentially distributing CSAM, even if it’s not shared or viewable to anyone else. The act of uploading seems to be the trigger to charge this aggravated offense.
Sexual Exploitation of a Child Definition in Greeley, Colorado
The Greeley, Colorado law definition of Sexual Exploitation of a Child – C.R.S. 18-6-403 – is:
(a) Causes, induces, entices, or permits a child to engage in, or be used for, any explicit sexual conduct for the making of any sexually exploitative material; or
(b) Prepares, arranges for, publishes, produces, promotes, makes, sells, finances, offers, exhibits, advertises, deals in, distributes, transports or transfers to another person, or makes accessible to another person, including, but not limited to, through digital or electronic means, any sexually exploitative material; or
(b.5) Accesses with intent to view, views, possesses, or controls any sexually exploitative material for any purpose; except that this subsection (3)(b.5) does not apply to law enforcement personnel, defense counsel personnel, or court personnel in the performance of their official duties, nor does it apply to physicians, psychologists, therapists, or social workers, so long as such persons are licensed in the state of Colorado and the persons possess such materials in the course of a bona fide treatment or evaluation program at the treatment or evaluation site; or
(c) Possesses with the intent to deal in, sell, or distribute, including but not limited to distributing through digital or electronic means, any sexually exploitative material; or
(d) Causes, induces, entices, or permits a child to engage in, or be used for, any explicit sexual conduct for the purpose of producing a performance, or accesses with intent to view or views explicit sexual conduct in the form of a performance involving a child if the conduct in the performance was caused, induced, enticed, requested, directed, or specified by the viewer or potential viewer.
Possession of CSAM is the most common charge we see for the crime of Sexual Exploitation of a Child, charged under subsection (b.5). Subsection (c) address distribution of CSAM, including uploading an image.
Penalty for Sexual Exploitation of a Child in Severance
There is a strict charging structure for Sexual Exploitation of a Child in Severance and across Weld County. If you are charged under subsection (a), (b), (c), or (d), then it is a class 3 felony. If you are charged under subsection (b.5), then it is a class 5 felony for each image of CSAM possessed. If this is a second offense for Sexual Exploitation of a Child, or there is a video of CSAM, then it is a class 4 felony. Sexual Exploitation of a Child charged under subsection (b.5) can also be charged as an extraordinary risk crime, which extends the maximum range of incarceration, if the CSAM depicts a child under the age of twelve, physical force or violence, or sexual intercourse, sexual intrusion or sadomasochism.