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Sexting is a Felony for Kids – Changes in the Law Coming?

| Apr 17, 2017 | Sexting |

Sexting-Felony.jpgSexting and Sexual Exploitation of a Child in Jefferson County and Adams County

The Colorado legilslature is considering a new law aimed at the teenage habit of sexting in Jefferson, County, Colorado and Adams County.  While this conduct is currently a serious felony called Sexual Exploitation of a Child, it might become something more appropriate when kids are involved.

Currently, consensual sexting, or the exchange of nude images between kids, is a felony and can ruin a child’s future. We have even seen a case where a boy received an unsolicited nude image from a highschool classmate, and was charged with a sexual offense for possessing the image.  This type of activity is being charged the same as if an adult is involved.  Hopefully the law will be revised to reflect the reality of kids and their immature conduct. Child pornography laws simply should not apply between kids.  Sexting as a Felony.

Consensual Sexting Between Teens May Become a Misdemeanor in Denver and Arapahoe County

Our hope is that a friendly exchange of nude images between teenagers will no longer be a felony in Arapahoe County.  Should a 13 year old girl be saddled with a felony sex offense because she is trying to win over a boy?  Should a 15 year old boy be charged because he reciprocates and sends a nude image of himself to the girl?  Under legislation under consideration, this conduct might be treated much less serious in Denver’s future.  How about a low level misdemeanor which can be satisfied with a sentence to probation and eventually come off a child’s record if they complete an education class?  Mostly, kids who sext need education on the dangers of this habit and how easily a picture of their bodies could be posted a million times across the world.

Sexting Lawyer in Castle Rock and Douglas County – New Sexting Law?

Our criminal defense lawyers are hoping that a new law on consensual sexting will be treated like an MIP, or Minor in Possession of Alcohol.  Without saying the conduct is good, we say education is primary, and repeat offenders will suffer increasingly harsh penalties.  There is no need to give a sledge hammer punishment when a slap on the hand will work to produce change.  Of course, Douglas County lawmakers will need to fine tune a law.  If a boy or girl were sending images of other kids, or using the took to bribe or gain revenge against kids, harsher laws would apply.  That is hardly consensual.  Child pornography is wrong and those who engage in money making or other profit through the possession or distribution of such nude images should expect felony charges.

If your child is being charged in a sexting offense, contact our criminal defense lawyers for help right away.  Never let your kids speak with police and don’t cooperate with school resource officers who pretend to care about your child.  We are equipped to minimize the consequences of your child’s childish behavior before or after a new sexting law takes effect in Colorado.  Together, we can protect your child’s future.

Image Credit: Pixabay – StockSnap