Like so many sexual crimes in Denver and Jefferson County, within the definition of key terms you can see the problem with Colorado’s Internet Sexual Exploitation of a Child law.
The Definition of Internet Sexual Exploitation of a Child
“An actor commits internet sexual exploitation of a child if the actor knowingly importunes, invites, or entices through communication via a computer network or system, telephone network, or data network or by a text message or instant message, a person whom the actor knows or believes to be under fifteen years of age and at least four years younger than the actor, to:
(a) Expose or touch the person’s own or another person’s intimate parts while communicating with the actor via a computer network” or the networks listed above, or
(b) “Observe the actor’s intimate parts via a computer network” or the networks listed above.
“Intimate Parts” is defined as, “the external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person.”
These key terms are where the crime of Internet Sexual Exploitation of a Child does not make any sense. Why not be practical and in touch with the real world, and define intimate parts without the words “buttocks” and change the phrase “breast of any person” to “breast of any female,” or get rid of “breast” altogether. Here is why I say this: it is common and not generally objectionable for men, women and teens to show their buttocks to others or to view the buttocks of others. Do a simple search on Bing or Google. Check out Youtube. Look at other social media like Snapchat or Facebook. I just saw a young female teen’s Facebook page where she and a friend have their unclothed buttocks in full view on a picture the teen posted. If I reposted that image here, I’d be violating at least one law and you know the district attorneys from Adams and Otero County and around Colorado would love to convict me.
Crazy Example of Internet Sexual Exploitation of a Child in Douglas or Arapahoe County
How about this? An uncle sends a picture by text to his 13 year old niece in Lakewood, of him in Mazatlan on the beach in his swimsuit, flexing his muscles without his shirt on. The text says, “check out these pecs!” Since “breast of any person” means “breast of any person” (male or female), he has violated this felony sexual law and may quickly become a felony sex offender convicted of Internet Sexual Exploitation of a Child. He will be required to register as a sex offender and complete sex offender treatment. Yes, I agree this is crazy. Crazy often results from sloppy law drafting. Read about some other Sexual Exploitation Problems for Teens with Sexting.
Consider the Politics for This to Make Any Sense
Do you ever wonder why a man can walk down the beach with his shirt off, exposing his breasts to children, yet he cannot show a picture of his breasts to a child by text, computer or internet? The reason is simple: POLITICS. Our legislators want to get reelected, and to do so they can’t risk offending any potential voters. Women rights groups don’t want any man to differentiate exposing the breast of a man and a woman. Somehow, they feel it would be demeaning to a woman if the law said she could not show off her breasts in a public place but a man can. So, our laws don’t distinguish between men and women. Did you know that the crime Public Indecency, C.R.S. 18-7-301, says you can’t make a lewd exposure of an intimate part, which includes the buttocks or breast of any person? As long as you are not being “lewd”, men and women can go topless or bottomless (on the back side) in Colorado – you just can’t text a picture of yourself to anyone under fifteen. If you want kids under 15 to see you, apparently an in-person viewing is safest.
If accused of sexual exploitation of a child, call one of the best criminal defense lawyers in Colorado at 303-731-0719, today. Together, we can protect your future.