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Possession of Child Pornography in Denver | CRS 18-6-403

possession-child-pornography-omalley-and-sawyer-llc.jpgPossessing child pornography in Denver is a crime known as sexual exploitation of a child. When a person has images or video of anyone under the age of 18 engaged in sexual acts, impactful criminal charges can result. This can include pictures on a smartphone, video on a tablet, or files on a laptop. While some defendants interact with these materials for quite some time, others have no idea when or how these items arrived on their device. Allegations of possessing child porn in Denver require experienced representation from a skilled defense attorney.

Denver Child Pornography Law

In regards to possession, Denver's child pornography law prohibits people from having certain exploitative material. CRS 18-6-403 defines these violations throughout Colorado. You commit possession of child pornography in Denver, Cherry Creek, or Montbello if you:

  • possess sexually exploitative material,
  • showing a minor under the age of 18,
  • engaging in erotic fondling, nudity, intercourse, masturbation, or in a state of arousal

These materials can come in many forms from images or files saved in cloud storage to videos streamed online. Purchasing preowned smartphones, tablets, and computers can be risky as you can't be certain as to what a previous owner may have accessed or saved on the device itself.

What are the Penalties for Possessing Child Porn in Colorado?

Sexual exploitation of a child is at minimum a class 5 felony in the state of Colorado. This applies for first-time offenses that involve less than 20 images. A conviction in these cases can include:

  • up to 3 years in DOC,
  • fines of $1,000 - $100,000

However, a second or subsequent offense of this nature or possession of 20 or more images or any video is a class 4 felony. The prison sentence in these cases can be twice as long and fines can grow substantially. Additionally, a sexual exploitation of a child conviction can result in costly evaluation / treatment, years of sex offender intensive supervised probation, and sex offender registration. There are harmful assumptions in today's society that a conviction of this nature means the defendant is a pedophile, but this is often not the case at all.

Denver Child Pornography Attorney

Just because you've been charged with possession of child pornography doesn't mean you're guilty. It's the prosecutor's burden to prove each and every element of this complex offense beyond a reasonable doubt. A skilled criminal lawyer can present your side of the story in a strategic way and help prove your innocence. Perhaps you didn't know you had the materials, they weren't for sexual gratification, or the individuals were 18 or older. Contact our office anytime for a free consultation. We will carefully look over your unique situation and suggest next steps in your defense.

If you or someone you know is being accused of possessing child pornography in Colorado, be smart. Contact the reputable defense attorneys at O'Malley and Sawyer, LLC at 303-731-0719. Together, we can protect your future.

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