The crime of Sexual Exploitation of a Child / Child Pornography arises in Denver, Jefferson and Arapahoe County when allegations arise that a person possesses sexually exploitative material. Whether by email, download, or sexting, these photographs or videos are considered child pornography, or child porn. Society offers little patience when dealing with the subject of child nudity.
Our law office recently had images suppressed by a court which the District Attorney labeled child pornography. The basis for the exclusion of this evidence came in the First Amendment, and in the definition of sexually exploitative material. Surprising to many, the First Amendment of the U.S. Constitution permits persons to possess nude images of children. Many nonabusive parents and grandparents have taken pictures of their children in the nude, and the law says this is ok.
The line between legal naked images of kids and illegal child pornography comes when the purpose of the photos is to evoke sexual arousal in the viewer, or if the child in the photo is engaged in or viewing sexual conduct. This line can become very fine and it is essential your criminal defense lawyer is well versed in First Amendment law and in the definition of Sexually Exploitative Material.
If you are texting, emailing or downloading nude or naked photos of children, beware. The government is successful in many prosecutions concerning these images. If the kids are not your own, or if your purpose in possessing the images is anything but legitimate, stay away from these images. If a person is convicted of Sexual Exploitation of a Child, C.R.S. 18-6-403, in Adams, Douglas, Weld or Larimer County, it is a sex offense and subject to the unfairly harsh Sex Offender Management Board supervision (SOMB). Your freedom to work where you want, see your children, live at your home, and have a family, will all be at risk if you are convicted in Colorado of a sex offense. There is simply no worse charge to face in our state.
If contacted by the police, always be smart, exercise your right to remain silent, and call our experienced sex crimes lawyers at 303-731-0719. Together, we can protect your future.