Sexting (Sexual Exploitation of a Child / Child Pornography) is that act of transmitting sexually explicit material (nude or sex based photos and text messages) via text message between cell phones, or online. Sexting can be criminal conduct in Arapahoe or Jefferson County, when the person sending the images or the person receiving the pictures is under the age of 18. Sexting is a sex crime in Colorado because it triggers laws designed to prevent child pornography (sexually explicit material or nude pictures).
In Colorado, a juvenile or child (someone under the age of 18) could be charged with Sexual Exploitation of a Child under C.R.S. § 18-6-403(3)(a) (a class 3 felony if committed by an adult), or Sexual Exploitation of a Child / Child Pornography under C.R.S. § 18-6-403(3)(b.5)(a class 6 felony if committed by an adult). Both charges are serious sex offenses in Adams and Denver County which carry severe consequences including registering as a sex offender, and sex offender offense specific treatment and probation. More on Sexting in Colorado.
While sexting will likely remain illegal in Weld and Larimer County, Colorado, the laws need to change to recognize that this is usually a consensual act among minors. The fact that the offense could result in years of treatment and registering as a sex offender is grossly disproportionate to the nature of the offense. Unfortunately, as with all new technology, it will likely take the legislature some time to catch up with appropriately criminalizing this behavior. Currently, sexting cases are handled on a case-by-case basis. Some jurisdictions (Douglas County) have proven more likely to file these cases with stiffer sanctions than other jurisdictions. Because of the severity of the charge, parents should have an open dialogue with their kids so that they understand the implications of spreading sexually explicit material via phone or online, as communications quickly spread far beyond the intended recipient. In a matter of moments, the nude image of a child can be distributed world-wide.
Protect your children if they are being investigated for sexting (Sexual Exploitation of a Child / Child Pornography) by not allowing the police to interview your child without an attorney. Additionally, do not provide the police with any evidence (such as your child’s cell phone) without a search warrant. If your child is facing the possibility of criminal charges stemming from sexting, you need an experienced sexting criminal defense lawyer. Contact the O’Malley Law Office today, at 303-731-0719. Together, we can protect your future.<h1></h1>