In Colorado, sexual exploitation of a child is a felony ranging from a class 5 (which can result in 1 to 8 years in prison) to a class 3 felony offense (which can result in 4 to 32 years in prison). These cases are extremely serious and have the potential of a lifetime prison sentence and lifetime registration as a sexual offender.
Sexual Exploitation of a Child (Class 5 Felony)
Sexual exploitation of a child by possession of sexually exploitative material. (C.R.S. 18-6-403)
This class 5 felony carries a normal presumptive sentencing range of 1 to 3 years in prison. If the felony was a crime of violence, the sentencing range increases to 30 months to 96 months (2.5 to 8 years).
Sexual Exploitation of a Child (Class 4 Felony)
The second or subsequent offense of sexual exploitation of a child by possession of sexually exploitative material, or a first or subsequent offense of possession of a video, recording or broadcast of moving visual images, motion picture, or more than 20 different items qualifying as sexually exploitative material (C.R.S. 18-6-403 (5))
This class 4 felony carries a normal presumptive sentencing range of 2 to 6 years in prison. If the felony was a crime of violence, the sentencing range increases to 5 to 16 years.
Sexual Exploitation of a Child (Class 3 Felony)
Knowingly causing a child to engage in or be used for explicit sexual conduct or trafficking in sexually exploitative material (C.R.S. 18-6-403 (5))
This class 3 felony carries a normal presumptive sentencing range of 4 to 12 years in prison. If the felony was a crime of violence, the sentencing range increases to 10 years to 32 years.
What needs to be proven for a conviction?
Internet Sexual Exploitation of a Child (Expose or Touch)
- That the defendant,
- In the State of Colorado, at or about the date and placed charged,
- Knowingly,
- Importuned, invited, or enticed,
- Through communication via a computer network or system, telephone network, data network, text message, or instant message,
- A person whom the defendant knew or believed to be under fifteen years of age, and at least four years younger than the defendant,
- To expose or touch the person’s own or another person’s intimate parts while communicating with the actor
Internet Sexual Exploitation of a Child (Observe)
- That the defendant,
- In the State of Colorado, at or about the date and place charged,
- Knowingly,
- Importuned, invited, or enticing,
- Through communication via a computer network or system, telephone network, data network, text message, or instant message,
- A person whom the defendant knew or believed to be under fifteen years of age, and at least four years younger than the defendant,
- To observe the defendant’s intimate parts via a computer network or system, telephone network, data network, text message, or instant message.
What to do when accused of Sexual Exploitation of a Child?
The best thing you can do for yourself when accused of this kind of sexual exploitation or assault is to call an attorney right away. When officers investigate this kind of crime, they are really just gathering evidence for the courts to sort out later. No one is looking to exonerate you if you are accused of this kind of crime. With that being said, you will not be able to talk your way out of it. The only thing that talking will do is push you down a path that you can not come back from.
If you are charged with Sexual Exploitation of a Child, invoke your 5th amendment right against self-incrimination, 6th amendment right to have an attorney present for all questioning, and your 4th amendment right against unlawful search and seizure. This is the best thing you can do to protect yourself against this kind of accusation. This is a very serious crime and you should let an experienced attorney help you. I am an experienced attorney with more experience in sexual assault cases than any attorney in the state. Call today for a free consultation.
For more information:
Unlawful Sexual Contact in Colorado
Sex Offender Rule 11 Advisement
Enticement of a Child in Colorado
