Photo Of Kyle B. Sawyer
Photo Of Kyle B. Sawyer

Charged With A Crime? It Doesn’t Mean You’re Guilty.

Attorney for Charges of Sexual Exploitation of a Child, C.R.S. 18-6-403

On Behalf of | Aug 6, 2015 | Sexual Exploitation of a Child |

Possession of child porn or pornography in Douglas County, Colorado is also called Sexual Exploitation of a Child. Being charged with having videos or pictures of naked children is a serious offense with serious consequences. However, not everyone charged with Sexual Exploitation of a Child is guilty. The District Attorneys in Denver or Arapahoe County treat these charges with special care, but often overlook vital facts that can prove your innocence.

What Type of Punishment am I Facing if Convicted of Sexual Exploitation of a Child?

Sexual Exploitation of Children in Jefferson and Adams County is a crime that covers the possession of child or teen pornography, the creation of the images, and the enticement of a child to engage in pornography. Not all of these crimes are punished in the same way. Possessing child pornography can be as low as a class 6 felony, while encouraging a child to participate in the creation of the porn is a class 3 felony. The difference in those two crimes is the difference between a maximum sentence of 18 months and a maximum sentence of 12 years.

What are Some Other Punishments I Could be Facing if Convicted of Having Kiddie Porn?

Anyone convicted of this crime will have to register as a Sex Offender in Elbert County or Boulder Colorado and be subjected to therapy, polygraph testing, treatment, and a host of other punishments. The registration period will be somewhere between 10 – 20 years. This could affect your housing, job, and family. It is extremely difficult to find employment when you are a registered sex offender in Colorado. As a result, you must utilize all the legal defenses at your disposal. Only a full-time criminal defense attorney can give you all your options.  Read about other questions people have on Sexual Exploitation charges.

Are all Images of Naked Children Considered Child Pornography?

The short answer is, no. The prosecutors in El Paso and Lincoln County have to prove that the image fits into one of several different categories. First, they have to prove that the image is of a child and not an adult. A child is defined as anyone under the age of 18. Second, they have to prove to a jury that the child depicted in the image is engaged in some sort of overt sexual act. This last element is where many District Attorneys lose their case. We all have that image of our children taking a bath together. We have had cases in the past where the government tries to charge our client with Sexual Exploitation of a Child for a photo like that. It is an absolutely abhorrent when prosecutors act this way. Yet, many unrepresented or underrepresented defendants plead guilty to charges which are constitutionally protected. Don’t be another statistic for abuse by the Colorado SOMB. Protect your future by talking with our sex crimes lawyers.

So, if you or a loved one has been charged with Sexual Exploitation of a Child, be smart, exercise your right to remain silent, and call us for a free consultation at 303-731-0719. Together, we can protect your future.