The exchange of explicit material back and forth between minors is an everyday occurrence in Denver and throughout Colorado. In 2018, what was a felony offense for minors who sexted became a much lesser misdemeanor charge. Before the new statute, teenagers who exchanged nude photos of themselves or other minors could be charged with Sexual Exploitation of a Child. This law was meant to punish adults who created, possessed, or distributed child pornography. Unfortunately, minors were being convicted with severe consequences.
What is Posting a Private Image by a Juvenile in Denver?
Posting a Private Image by a Juvenile – C.R.S. 18-7-109 (1) is defined as:
A juvenile commits the offense of posting a private image by a juvenile if he or she, through digital or electronic means:
(a) Knowingly distributes, displays, or publishes to the view of another person a sexually explicit image of a person other than himself or herself who is at least fourteen years of age or is less than four years younger than the juvenile:
(I) Without the depicted person’s permission; or
(II) When the recipient did not solicit or request to be supplied with the image and suffered emotional distress; or
(III) When the juvenile knew or should have known that the depicted person had a reasonable expectation that the image would remain private; or
(b) Knowingly distributes, displays, or publishes, to the view of another person who is at least fourteen years of age or is less than four years younger than the juvenile, a sexually explicit image of himself or herself when the recipient did not solicit or request to be supplied with the image and suffered emotional distress.
Consequences for Posting a Private Image by a Juvenile in Denver
Posting a Private Image by a Juvenile is typically a class 2 misdemeanor crime. The following outlines which aspects can be present for a class 1 misdemeanor to apply:
· image is used to cause emotional distress
· 2nd or subsequent offense for the juvenile defendant
· 3 or more images of 3 or more different people are distributed / posted
In certain cases, crimes involving juvenile sexting can even be reduced down to a Petty Offense. Sex Offender Registration is no longer mandatory, but questionable for minors charged with Posting, Possession, or Exchange of a Private Image by a Juvenile.
Denver Attorney for Posting of a Private Image by a Juvenile
While the charges themselves have been reduced for minors involved in sexting cases, expert defense is still vital to your teenager’s future. An experienced sex crimes attorney can advocate on your child’s behalf for the lowest possible charge. Facing a sexting charge alone could potentially lead to an unfavorable plea that has a devastating impact on your family.