Colorado Computer Sex Crimes Criminal Attorney
The internet has opened the floodgates to sex crimes involving computers. The police are on the lookout for persons caught up in sex crimes and are posing as children. We regularly defend persons charged with the following internet based sex crimes:
- Enticement of a Child - Class 3 or 4 Felony
- Internet Luring of a Child - Class 4 or 5 Felony
- Internet Sexual Exploitation of a Child - Class 4 Felony
- Sexual Exploitation of Children - Class 3, 4 or 6 Felony
Enticement of a Child
Police often pose as 14 year old girls on the internet in an effort to entrap people into Enticement of a Child Charges. The elements of this offense include making an invitation to meet a child under fifteen years of age at a certain location with the intent to have unlawful sexual contact with the child.
Internet Luring of a Child
Here, police will charge an offense if an individual knowingly communicates a statement over a computer to a person the actor believes to be under fifteen years of age, describing explicit sexual conduct, and, who makes a statement persuading or inviting that child to meet for any purpose.
Our investigators and experts team up with our attorneys to defend you in the complex world of computer sex crimes.
Internet Sexual Exploitation of a Child
This crime is geared toward individuals who invite children less than fifteen years of age to expose or touch their own or another person’s intimate parts, or for the child to observe an actor’s intimate parts, while communicating on-line.
Sexual Exploitation of Children
This offense generally involves inviting children to engage in explicit sexual conduct for the making of sexually exploitative material, the publishing of such material, or the possession of such material. These terms have very precise meanings and for a conviction to result, the government must prove each of the elements to a jury. This offense is often referred to as Possession of Child Pornography.
Have You Been Accused? Has Your Counseling Client Confessed to Illegal Child Sex Abuse? Then call us before the police become involved. An early defense makes for a strong defense.
If you are charged with an offense of this type, you can count on the government coming to your home to take your computer. The police will then search your computer’s hard-drive for images of children or other evidence. The police will be able to locate deleted and nondeleted files and images off a hard-drive. Government software can recover files thought to be deleted by the user with a special computer program. Images are often unintentionally stored on a person’s computer without their knowledge through conventional pop-ups. At that point, the government asserts that you are responsible for whatever is on your hard-drive, EVEN IF you have deleted the file or never even saw the file. Many people in our country regularly perform sweeps or cleaning of their hard-drives to make detection of deleted files very difficult.
We have successfully defended computer sex crimes by employing forensic computer experts who can testify that images can and do arrive on computers unnoticed by the machine’s owner.
Of course, the best defense is to never have conversations of any type with children or persons posing as children, under the age of fifteen years. You must never exchange or request photos of children under the age of eighteen years, clothed or unclothed. It is not advisable to suggest playing or participate in role playing with anyone in the role of a child, as well. Clever police tactics can result in internet based sexual assault charges, and the sex offender designation.
Anyone contacted by the police should immediately contact our office for advice governing your particular circumstances. The police will move swiftly to obtain a search warrant, and you must likewise move swiftly in your defense.
Counselors and Pastors Are Mandatory Reporters in Colorado
As a Christian criminal defense attorney, our office often receives calls from pastors and church counselors referring their church members. Remember, mandatory reporting laws in Colorado related to sex or computer sex crimes and child protection mean that you cannot disclose a sex offense to your pastor or counselor without them calling the police. You can only speak in confidence to an attorney.
Call or e-mail O'Malley Law Office, P.C., to schedule a free consultation with a Denver or Colorado wide criminal defense attorney. We represent the accused throughout the state.
