In Greeley and Weld County, many Sexual Exploitation of a Child cases are the result of police sting operations. Usually, a tip is provided from an internet service provider or another internet related company (like google) and law enforcement will look into it, usually resulting in a request for a search warrant. If the warrant is granted, the Weld County Sheriff or Greeley Police will descend upon the house to collect all electronics. Most people would assume that the devices would be quickly combed for CSAM (Child Sex Abuse Material) and then an arrest warrant would follow. However, Homeland Security and local law enforcement are so overwhelmed, that sometimes the devices are taken and it takes over a year for them to be downloaded and reviewed. This leaves people with a feeling of uneasiness, just sitting with this issue hanging over their heads for an unknown amount of time.
Greeley Sex Exploitation of a Child Attorney: How is Possession of Child Pornography Charged in 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.
Most commonly, we see Sexual Exploitation of a Child cases charged under subsection (b.5) – related to possessing CSAM.
Penalty for Sexual Exploitation of a Child in Erie and Evans
In Erie and Evans, Colorado, Possession of Child Pornography (Sexual Exploitation of a Child) is charged as follows:
- Sexual Exploitation of a Child pursuant to subsection (3)(b.5) of this section is a class 5 felony for each item of sexually exploitative material accessed with intent to view, viewed, possessed, or controlled;
- Sexual Exploitation of a Child is a class 4 felony if:
- It is a second or subsequent offense; or
- The item accessed with intent to view, viewed, possessed, or controlled is a video, recording or broadcast of moving visual images, or motion picture.
Then, the sentencing ranges can be extended if the images meet certain criteria:
- Sexual exploitation of a child is an extraordinary risk crime that is subject to the modified presumptive sentencing range specified in section 18-1.3-401 (10) if the sexually exploitative material depicts a child who is:
- Under twelve years of age;
- Subjected to the actual application of physical force or violence; or
- Subject to sexual intercourse, sexual intrusion, or sadomasochism.
If you or someone you love has been charged with Sexual Exploitation of a Child, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
Photo by Nao Triponez