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

Sexual Exploitation, Child Pornography Charges: C.R.S. 18-6-403

A Boulder, Colorado man was arrested after Boulder police allegedly discovered files of child pornography on his home computer. He was publically arrested at his workplace in Jefferson County and taken to the Jefferson County jail after he did not surrender himself to the Boulder police. He will remain in custody in Jefferson County while he waits for charges from the Boulder District Attorney's Office - likely to include charges relating to Sexual Exploitation of a Child / Child Pornography (C.R.S. 18-6-403).

In Colorado jurisdictions including Adams, Arapahoe, and Denver County, a person who possesses child pornography can be charged with Sexual Exploitation of a Child (C.R.S. 18-6-403). Sexual Exploitation of a Child / Child Pornography 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 it can be difficult to determine if a child is actually being exploited. Since some child nudity is constitutionally protected, even prosecutors and police may have a hard time knowing what is lawful.

This man may also be facing a second count of the same crime, under the subsection of the statute that encompasses possession of sexually exploitative material with the intent to distribute it (C.R.S 18-6-403 (3) (c)). Allegedly, he made statements to the Boulder police in which he admitted to viewing child pornography on his home computer. It is unclear whether he also admitted intending to distribute it.

This case is a good example of the public shame that comes with the mere allegation of possessing child pornography. Also, it is an excellent cautionary tale about making statements to the police. As we have said many times before, nothing good can come out of talking to the Denver, Aurora, or Thornton police. If you have been accused of possessing child pornography and charged with Sexual Exploitation of a Child in Douglas, Weld, or Jefferson County, Colorado, the experienced attorneys at the O'Malley Law Office can help you. Criminal defense is all we do, and we have years of experience handling sexually based crimes. So, 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.