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

| Jul 26, 2012 | Sexual Exploitation of a Child / Child Pornography |

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.