Sexual Exploitation of a Child & Child Pornography Defense in Colorado

Sexual exploitation of a child is the act of possessing, producing, or distributing sexually explicit material of a person under the age of 18 years old. It’s also referred to as child pornography in the media and in other states. A charge for sexual exploitation of a child is severe and can lead to steep fines and years in prison. In addition, a child pornography conviction could devastate your chances with an employer or licensing agency. It could even limit your housing options since most landlords routinely run background checks on new tenants. If you or someone you know has been charged with sexually exploiting a child, it’s imperative that you gain legal representation.

Attorney for Sexual Exploitation of a Child in El Paso County, CO

A conviction for sexual exploitation of a child could uproot your whole life. Even simple allegations of child pornography could endanger your career and personal relationships. If you or someone you know has been charged with sexual exploitation of a child, it’s essential that you seek quality legal counsel.

Contact the attorneys at Black, Blink, & Associates LLC. Our defense lawyers are experienced with felony level sex crime cases, including sexual exploitation of a child. We can formulate a strong defense for you with our resources and knowledge. Call us now at 719-694-0578 to schedule a consultation today.

Black, Blink, & Associates LLC accepts clients throughout the greater Colorado Springs area, including Manitou Springs, Fountain, Calhan, and Monument.

What is Sexual Exploitation of a Child in Colorado?

Sexual exploitation of a child is essentially a child pornography charge. Title 18 Article 6 Part 4 of the Colorado Revised Statutes (18-6-403 C.R.S) states you’re guilty of sexually exploiting a child if you do any of the following:

• Possess sexually exploitative material of a child under the age of 18 years old;
• Induces or entices a child to engage in any explicit sexual conduct for the purpose of creating sexually exploitative material;
• Prepares, publishes, arranges, promotes, sells, makes, or in any way assists with the creation of distribution of sexually exploitative material of a child;
• Possesses sexually exploitative material of a child with the intent to sell or distribute it;
• Causes or persuades a child to engage in sexually explicit conduct for the purpose of producing a sexually motivated performance

The only exception to this is if you are a police officer, social worker, therapist, psychologist, physician, or court personnel possessing the material for a work-related purpose.

Sexual conduct defined under Colorado law includes:

• Erotic Fondling – Touching a person’s clothed or unclothed pubic area, buttocks, breasts, or any other area of the body for the purpose of real or simulated sexual gratification
• Erotic Nudity – Displaying the genitals or pubic area of a person for a sexual reason
• Explicit Sexual Conduct – Acts such as sexual intercourse, masturbation, sadomasochism, or sexual enticement
• Sexual Excitement – The real or simulated state of real or simulated sexual arousal
• Sadomasochism – Real or simulated flagellation, torture, or being bound, fettered, or physically restrained for a sexual purpose

Child Pornography Penalties in Colorado

The penalties associated with the sexual exploitation of a child are severe. A first-time possession offense involving photographs or other still sexually exploitative images is a class 5 felony, which is punishable by:

• Up to 3 years in prison; and
• A fine of up to $100,000

The consequences are enhanced to a class 4 felony if:

• This is your second or subsequent offense;
• The material consists of:
  • The item accessed with intent to view, viewed, possessed, or controlled is a video, recording or broadcast of moving visual images, or motion picture; or

A class 4 felony can result in:

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

You may be charged with a class 3 felony if you were involved in the creation or distribution of the sexually exploitative material. A class 3 felony is punishable by:

• Up to 12 years in prison; and
• A fine of up to $750,000
• 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 12 years of age
  • Subjected to the actual application of physical force or violence; or 
  • Subject to sexual intercourse, sexual intrusion, or sadomasochism.

Sex Offender Registration in Colorado

In some cases, a sexual exploitation of a child conviction doesn’t just end in prison time and expensive fines. The judge may court order you to register with the Colorado Bureau of Investigation’s (CBI) sex offender database as a condition of your sentencing.

If you’re registered as a sex offender, then the general public can find your status online through the CBI database. It could influence the opinions of employers or licensing agencies. You may even be required to disclose your status to your community every time you move. Not only this, but if you’re 18 at the time of the crime, then you may be required to remain a registered sex offender for a minimum of 20 years.

Failure to register a sex offender is also a crime. If convicted, you’ll be charged with a Class 6 Felony, which is punishable by up to 18 months in jail and a fine of up to $100,000.

Possible Defenses for Child Pornography Charges in CO

Often, sex crimes, especially those involving children, are difficult to defend since a lot of the evidence is based on hearsay. It can often be a “he-said, she-said” scenario when defending sex crimes if there is a lack of evidence.  That is why it’s imperative you secure experienced legal representation if you’ve been charged with a child pornography-related charge. A skilled sex crimes attorney can utilize their knowledge from past cases and formulate a sturdy defense to protect your rights and freedoms.

A practiced child sex crimes attorney can raise any of the following defenses against child porn charges including, but not limited to:

• The material was discovered by law enforcement during an illegal search and seizure;
• The “children” depicted on the material was 18 years of age or older;
• The defendant was unaware they possessed the material;
• The defendant possessed the material for a legitimate reason that wasn’t for a sexual gratification or to make a profit;
• The contact made in the material was not for sexual gratification such as a mother bathing or breast feeding her child;
• The defendant is a licensed physician, therapist or social worker and possessed the material for the purpose of bona fide treatment or evaluation.

What Are the Signs of Child Sexual Exploitation?

Unfortunately, it can be difficult to spot signs of child sexual exploitation. It’s often mistaken for “normal” teenage behaviors and attributed to hormones when in reality the child is acting out or strangely due to trauma. Knowing the signs of abuse can help protect your children or their peers if you ever encounter a child committing the following behaviors.

Children who are being sexual exploited will commonly do the following:

• Unhealthy or inappropriate sexual actions or gestures;
• Extreme fear of people, places or some situations;
• Often secretive or quiet;
• Sharp changes in character or mood;
• All of a sudden having money or items they can’t explain;
• Any physical signs such as bruising or bleeding in their genitals or anal area;
• Using alcohol or drugs;
• Sustaining a sexually transmitted infection (STI); or
• Pregnancy

Additional Resources

Enough is Enough – Visit the official website of Enough is Enough, a non-profit and non-partisan organization dedicated to ending child pornography. Access the site to learn more about the issue, ways to raise public awareness and how to get involved.

Child Pornography Laws in Colorado – Visit the official website of the Colorado Revised Statues to learn more about their sexual exploitation of a child laws. Access their statutes to find more information about the charge, definitions and other related offenses.

Defense Lawyer for Child Pornography in Colorado Springs

If you or someone you know has been charged with child pornography, it’s crucial for your freedom to procure legal representation. These charges are serious and could potentially change your whole life. Do what’s best for your future by calling Black, Blink, & Associates LLC.

The attorneys at Black, Blink, & Associates LLC are dedicated to our clients. Our criminal defense attorneys will assess your charges to uncover all your available legal options. Call us now at 719-694-0578 to set up an appointment with a skilled sex crimes lawyer. Black, Blink, & Associates LLC accepts clients throughout El Paso County and surrounding counties including Denver County and Arapahoe County.