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Sexual Exploitation of a Child / Child Pornography Debate: C.R.S. 18-6-403

Denver Sexual Exploitation of a Child Lawyer

U.S. Representative Doug Lamborn, of Colorado Springs, recently accused an activist of possessing child pornography and subjected her to hours of police questioning regarding the Sexual Exploitation of a Child / Child Pornography.(C.R.S. 18-6-403). The activist was testifying in the House that mining in West Virginia is polluting the water supply, and she brought a professional picture of a child bathing in the rusty water as proof of the environmental impact. Representative Lamborn believed the picture was obscene material exploiting the child, and refused to look at the photograph. Should a child bathing be viewed as illegal child pornography? This situation illustrates the difficulty people have in determining what is legal child nudity vs. Colorado illegal child pornography.

Child Pornography Versus Legal Child Nudity in Arapahoe County

In Colorado jurisdictions including Adams, Arapahoe, and Denver County, a person who possesses child pornography can be charged with Sexual Exploitation of a Child / Child Pornography (C.R.S. 18-6-403). Among other things, Sexual Exploitation of a Child requires proof that a person possesses or controls any sexually exploitative material for any purpose. The Colorado law defines "sexually exploitative material" as any photograph, motion picture, video, video tape, print, negative, or other...visual material that depicts a child engaged in, participating in, observing, or being used for explicit sexual conduct. The line at which a naked picture of a child becomes sexually exploitative is not well-defined, and as in this case, many prosecutors, police officers, and politicians can be unreasonable when trying to determine if a child is actually being exploited.  If the internet is involved, Internet Sexual Exploitation of a Child is charged (C.R.S. 18-3-405.4).

Boulder County Child Pornography and Sex Offenses 

The mere accusation of Sexual Exploitation of a Child or possession of child pornography can ruin a person's reputation and cause judgment and shame. In Jefferson, Douglas, and Boulder County, Colorado, a person convicted of Sexual Exploitation of a Child will remain a felon for the rest of their lives, be forced to register as a sex offender, and be subjected to indeterminate sentencing for their crime.

Don't let a harmless picture of a naked child ruin your life. If you have been accused of possessing child pornography or Sexual Exploitation of a Child by any Colorado police department including the Aurora, Denver, or Westminster police, the attorneys at the O'Malley Law Office can help you. We have years of experience defending people accused with sex offenses, and we will make sure your innocence is protected as you move through the Colorado court system. If the police contact you about a questionable photo or video, be smart, exercise your right to remain silent, and call us immediately at 303-731-0719. Together, we can protect your future.

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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.

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