Online Sexual Exploitation of a Child Defense Attorney in Colorado

Exploiting a child sexually on any online platform is a serious crime in Colorado. You could be charged with a felony, which means expensive court fines and even prison time. Not only this, but exploiting a child online is technically a federal offense with even more severe penalties.

If you or someone you know has been charged with exploitation of a child, it’s highly recommended that you seek legal counsel. It’s difficult to defend sex charges on your own, and the consequences could tremendously impact your life. Hiring an attorney will ensure you have a defense plan before you set foot in a courtroom.

Defense Attorney for Exploitation of a Child in Colorado Springs, CO

A conviction for exploitation of a child could uproot your daily life. You will have to face serious consequences, including time in prison and required registration into the Colorado sex offender database. In addition, you could face federal charges depending on the circumstances.

Contact the attorneys at Black, Blink, & Associates, LLC to start your defense today. Our team of defense sex crime lawyers have an in-depth understanding of Colorado’s legal system. We can help you navigate the justice process with a sturdy defense. Call 719-694-0578 today to set up a consultation.

Black, Blink, & Associates LLC accepts clients throughout the El Paso County area and surrounding counties, including Denver County and Arapahoe County.

 What Is Online Sexual Exploitation of a Child in Colorado?

It’s illegal in Colorado to entice a child or to exploit a child online in a sexual manner. To put it shortly, this is Colorado’s Child Pornography law.  Colorado Revised Statutes 18-6-403 states someone can be charged with exploitation of a child if they:

• Knowingly:
• (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.

What Are the Penalties for Online Exploitation of a Child?

Colorado takes sexual exploitation of children very seriously. You could face a class 4 felony if you’re convicted, which is punishable by:

• Up to 6 years in prison; and
• A fine of up to $500,000

As a condition, the court will require you to register as a sex offender with the Colorado Bureau of Investigation’s (CBI) database. The registry will be open to the general public, and you may have to notify the community of your status every time you move. Additionally, you will have to disclose your felony conviction on job applications and lose your right to own a firearm.

Under some circumstances, such as uploading, sharing or possessing video materials, the crime can be punished as a class 3 felony, punishable by

• Up to 12 years in prison; and
• Placement on Colorado’s Sex Registry

Possible Defenses for Exploitation of a Child Charges

Allegations of sexually exploiting a child online can jeopardize everything you’ve worked for. The charges can be tricky to defend on your own because of the negative social connotations. In addition, it’s natural for the jury to feel sympathy for the victim because they are a child.

However, if you have strong legal representation, you can defend your rights and freedom. An experienced criminal defense attorney can overlook the circumstances of your charges and find any weak points in the prosecution’s case.

Listed below are some possible defenses that could be implemented by a skilled attorney.

• You were unaware of the child’s age;
• There is no proof that the person depicted in the image is actually under 18 years old,
• You never attempted to entice or exploit the child sexually online; or
• The information was gathered in an illegal search and seizure

Additional Resources

Child Sexual Abuse – Visit the official website for the Rape, Abuse & Incest National Network to learn more about child sexual abuse. Access their site to learn what constitutes child sexual abuse, what perpetrators look like, how to protect your child, and warning signs.

Internet Sexual Exploitation of a Child Laws – Visit the official website of the Colorado Revised Statutes to learn their laws surrounding the exploitation of a child online. Access the statutes to see the penalties, charge specifics, and other sex crimes.

Defense Lawyer for Online Exploitation of a Child in El Paso County, CO

If you or someone you know has been charged with online exploitation of a child, it’s imperative that you seek a skilled attorney. You will need legal representation to avoid hefty fines and possible prison time. Find that attorney today by calling (719) 328-1616.  We accept clients throughout the greater Colorado Springs area, including Manitou Springs, Fountain, and Peyton.