O'Malley Law Office, P.C. Free Initial Consultation
South Denver: 303-731-0719
North Denver: 303-916-9006
Toll free: 866-365-9351

Blog

Texting and Sexting in Colorado

More than one time, we have represented teenagers and adults for charges of Internet Luring related to texting and sexting in Arapahoe County or Douglas County.  In common, there were either provocative photos sent / received, or sexual discussions.  Surprisingly, the District Attorneys prosecuting the cases was not concerned that our clients might have simply received a text with an explicit photo attached.  They were only concerned that the child depicted in the photo was under 18.  In one instance, the teenage girl sending the photo to our client is seen in the photo standing in front of the mirror taking the photo of herself!  Despite the fact that our client did not ask for the photo, or know it was coming, he was charged with a sex crime because he had the photo on his cell phone.  See our Sexting and Texting main page.

I for one believe something has gone terribly wrong when a girl can "sext" a photo to a teenage boy, and HE is charged for having the photo on his cell phone.  Why not charge the girl too?  My experience is that the government needs a "victim" to prosecute others, and they don't want to anger their "victim" in this or any other type of crime.  Routinely in Denver, Jefferson, and Adams County, I see cases where a woman is just as culpable as the man, yet since she called police first, they arrest the man and charge him.  She faces no charges even if it is crystal clear she could be convicted.  The bottom line is the DA needs a "victim" who is happy to come to court and testify on behalf of the government.  There is nothing that can spoil a DA's verdict like an alleged victim angry at the government.

Back to sexting.  Charges from sexual discussion or explicit photos range from Internet Luring, Enticement of a Child, to Sexual Exploitation of a Child. In many instances, the government does not care whether the person who does the sexting is an adult or a child.  They don't care whether the recipient of the sext had just sent ten sexts herself and invited a response.  They don't even care whether the girl who sent the photograph of herself sent the photo without permission to the boy recipient.  We have experience where only the age of the girl - as the government's "victim" - matters.  That is simply not right.

If you are being investigated for sexting or texting, be smart, exercise your right to remain silent, and call us today at 303-731-0719.  Together, we can protect your future.

No Comments

Leave a comment
Comment Information
Facing Charges? Get Help Now!

GET HELP NOW!

Tell us about your case and one of our experienced attorneys will get back to you promptly.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

24 hour emergency service Same-day jail visits Free initial consultation Reasonable fees Flexible payment plans

Call Toll free: 866-365-9351 South Denver: 303-731-0719 North Denver: 303-916-9006 Email us

FindLaw Network

Privacy Policy | Business Development Solutions by FindLaw, a Thomson Reuters business.