Posting a private image by a juvenile can include several different acts of taking and distributing sexually explicit photos or videos. Nudes or erotic images cannot be sent back and forth between teenagers or posted online without the subject’s consent. This happens more and more in our society today and earlier in teen’s lives as many possess and utilize smartphones. A violation of juvenile sexting in Denver can negatively impact your son or daughter’s life. Consult an experienced sex crimes attorney right away if your child or one close to your family is facing an allegation.
Denver Juvenile Sexting Laws
Denver’s juvenile sexting laws prohibit specific distribution and possession of explicit images. C.R.S. 18-7-109 defines the acts of posting a private image by a juvenile in Colorado. A minor commits this offense in Denver, Stapleton, or Park Hill if they:
- knowingly send, display, or post by digital or electronic means,
- a sexually explicit image of another who is over 13 or less than 4 years younger,
- without the depicted person’s consent, when the recipient didn’t ask for the image, or when there was a reasonable expectation the image would be private
Additionally, within the same age parameters, a teenager sending sexually explicit images of themselves to someone who didn’t ask is also unlawful. However, this requires that the recipient suffered some type of emotional distress due to the picture being sent or posted.
Is Juvenile Posting a Private Image a Misdemeanor in Colorado?
Each juvenile sexting case is different. As a result, penalties are as well. This offense is a class 2 misdemeanor in most situations. Although, there are a few elements that increase the charge to a class 1 misdemeanor:
- the intent was to coerce, intimidate, threaten, or cause emotional distress,
- this isn’t the minor’s first sexting offense,
- or the material included 3 or more image of 3 or more people
Denver Defense Attorney for Juvenile Sexting
While juvenile sexting likely occurs quite often throughout Colorado, only some instances are brought to the attention of law enforcement. Your son or daughter may experience many different emotions and embarrassment if facing an accusation like this. Our compassionate and determined defense attorneys are here to help. Contact our office for a free consultation where we will carefully analyze the situation and recommend next steps in protecting your child’s future. Our affordable fees and flexible payment plans make skilled representation a reality for teenagers throughout Colorado.
If your child, a relative, or a friend’s kid is facing allegations of juvenile sexting in Colorado, be smart. Contact the strategic defense attorneys at O’Malley and Sawyer, LLC at 303-731-0719. Together, we can protect your future.
Photo by Julia M Cameron