Sexting and Texting, or Sexting, has become more common as society teaches kids there are no boundaries to their sexuality, including age limitations. The heavy emphasis on sex among TV producers and the music industry has programmed kids that it is ok to do whatever they want – including sending nude images to classmates. Colorado lawmakers in Denver and Jefferson County have not gotten the message, as Sexual Exploitation of a Child charges, under C.R.S. 18-6-403, have spilled over to high school conduct.
The Intentions Behind Sexual Exploitation Law in Arapahoe and Adams County
Originally, and still today, the intent of this law is to punish those people who collect, create and distribute nude images of kids. The mindset is that kids are innocent and should not be used for sexual purposes. So, the intent of this law is good and it can serve a useful purpose. Read more on how adults can be charged with Sexual Exploitation of a Child. However, the statute needs to be updated to reflect circumstances differing from its original purpose.
Problems Today with This Law
High School kids are becoming more bold sexually, and it is not unusual for a photograph or video of a child under 18 years old to be recorded and shared. In one instance, the child takes the picture or video herself, sharing it with a boy she likes. In another common scenario, a teen boy might pressure a girl into letting him record her or their sexual interactions. Either way, a child under 18 is recorded in a sexual manner. Next, Douglas and Grand County prosecutors charge boys who receive or possess these images or recordings. In one instance, we defended a boy who received an image unsolicited from a girl. Fortunately, we had a DA who understood the real world, and eventually agreed to dismiss the charges.
Common Sense Revisions to this Law
Other sexual offenses involving child victims contain a limiting language, for consensual sexual conduct (and video or picture recording) between children who are within four years of age. This makes sense. If Colorado legislators would modify the language of this offense to exclude such conduct, or to lessen the penalty for conduct between kids within four years, we would have a law which makes more sense. There is no reason kids exploring their sexuality with consensual conduct should face serious felony sex offender charges. That is not the intention of this law.
When you or a family member are facing charges of Sexual Exploitation of a Child, be smart, exercise your right to remain silent, and call one of the best criminal defense attorneys at 303-731-0719. Together, we can protect your future.