Sawyer Legal Group LLC

Talk To An Attorney – Now: 303-731-0719

  • Home
  • About
  • Crime Definitions
  • Practice Areas
    • Crimes A-Z
    • Domestic Violence
    • Person / Violent Crimes
    • Sexual Offenses
    • Property Crimes
    • Juvenile Crimes
    • DUI / DWAI / Traffic
  • Case Results
  • FAQ
  • Blog
  • Contact
CLOSE MENU X

How Can We Help?

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

Image of Kyle B. Sawyer
  1. Home
  2.  » 
  3. Crime Definitions
  4.  » 
  5. Sexual Exploitation Of A Child Definition

Sexual Exploitation Of A Child Definition

Sexual Exploitation Of A Child, C.R.S. 18-6-403

(1) The general assembly hereby finds and declares: That the sexual exploitation of children constitutes a wrongful invasion of the child’s right of privacy and results in social, developmental and emotional injury to the child; that a child below the age of 18 years is incapable of giving informed consent to the use of his or her body for a sexual purpose; and that to protect children from sexual exploitation it is necessary to prohibit the production of material, which involves or is derived from such exploitation and to exclude all such material from the channels of trade and commerce.

(1.5) The general assembly further finds and declares that the mere possession or control of any sexually exploitative material results in continuing victimization of our children by the fact that such material is a permanent record of an act or acts of sexual abuse of a child; that each time such material is shown or viewed, the child is harmed; that such material is used to break down the will and resistance of other children to encourage them to participate in similar acts of sexual abuse; that laws banning the production and distribution of such material are insufficient to halt this abuse; that in order to stop the sexual exploitation and abuse of our children, it is necessary for the state to ban the possession of any sexually exploitative materials; and that the state has a compelling interest in outlawing the possession of any sexually exploitative materials in order to protect society as a whole, and particularly the privacy, health, and emotional welfare of its children.

(2) As used in this section, unless the context otherwise requires:

(a) “Child” means a person who is less than 18 years of age.

(b) (Deleted by amendment, L. 2003, p. 1882, §1, effective July 1, 2003.)

(c) “Erotic fondling” means touching a person’s clothed or unclothed genitals or pubic area, developing or undeveloped genitals or pubic area (if the person is a child), buttocks, breasts, or developing or undeveloped breast area (if the person is a child), for the purpose of real or simulated overt sexual gratification or stimulation of one or more of the persons involved. “Erotic fondling” shall not be construed to include physical contact, even if affectionate, which is not for the purpose of real or simulated overt sexual gratification or stimulation of one or more of the persons involved.

(d) “Erotic nudity” means the display of the human male or female genitals or pubic area, the undeveloped or developing genitals or pubic area of the human male or female child, the human breasts, or the undeveloped or developing breast area of the human child, for the purpose of real or simulated overt sexual gratification or stimulation of one or more of the persons involved.

(e) “Explicit sexual conduct” means sexual intercourse, erotic fondling, erotic nudity, masturbation, sadomasochism or sexual excitement.

(f) “Masturbation” means the real or simulated touching, rubbing, or otherwise stimulating of a person’s own clothed or unclothed genitals or pubic area, developing or undeveloped genitals or pubic area (if the person is a child), buttocks, breasts, or developing or undeveloped breast area (if the person is a child), by manual manipulation or self-induced or with an artificial instrument, for the purpose of real or simulated overt sexual gratification or arousal of the person.

(g) “Sadomasochism” means:

(I) Real or simulated flagellation or torture for the purpose of real or simulated sexual stimulation or gratification; or

(II) The real or simulated condition of being fettered, bound, or otherwise physically restrained for sexual stimulation or gratification of a person.

(h) “Sexual excitement” means the real or simulated condition of human male or female genitals when in a state of real or simulated overt sexual stimulation or arousal.

(i) “Sexual intercourse” means real or simulated intercourse, whether genital-genital, oral-genital, anal-genital or oral-anal, between persons of the same or opposite sex, or between a human and an animal, or with an artificial genital.

(j) “Sexually exploitative material” means any photograph, motion picture, video, recording or broadcast of moving visual images, print, negative, slide, or other mechanically, electronically, chemically, or digitally reproduced visual material that depicts a child engaged in, participating in, observing, or being used for explicit sexual conduct.

(k) “Video”, “recording or broadcast”, or “motion picture” means any material that depicts a moving image of a child engaged in, participating in, observing, or being used for explicit sexual conduct.

(3) A person commits sexual exploitation of a child if, for any purpose, he or she knowingly:

(a) Causes, induces, entices, or permits a child to engage in, or be used for, any explicit sexual conduct for the making of any sexually exploitative material; or

(b) Prepares, arranges for, publishes, including but not limited to publishing through digital or electronic means, produces, promotes, makes, sells, finances, offers, exhibits, advertises, deals in or distributes, including but not limited to distributing through digital or electronic means, any sexually exploitative material; or

(b.5) Possesses or controls any sexually exploitative material for any purpose; except that this paragraph (b.5) does not apply to peace officers or court personnel in the performance of their official duties, nor does it apply to physicians, psychologists, therapists or social workers, so long as such persons are licensed in the state of Colorado and the persons possess such materials in the course of a bona fide treatment or evaluation program at the treatment or evaluation site; or

(c) Possesses with the intent to deal in, sell or distribute, including but not limited to distributing through digital or electronic means, any sexually exploitative material; or

(d) Causes, induces, entices or permits a child to engage in, or be used for, any explicit sexual conduct for the purpose of producing a performance.

(4) (Deleted by amendment, L. 2003, p. 1882, §1, effective July 1, 2003.)

(5) (a) Except as provided in paragraph (b) of this subsection (5), sexual exploitation of a child is a class 3 felony.

(b) Sexual exploitation of a child by possession of sexually exploitative material pursuant to paragraph (b.5) of subsection (3) of this section is a class 5 felony; except that said offense is a class 4 felony if:

(I) It is a second or subsequent offense; or

(II) The possession is of a video, recording or broadcast of moving visual images, or motion picture or more than twenty different items qualifying as sexually exploitative material.

(6) If any provision of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.

Read more about Sexual Exploitation of a Child.

Facing Charges? Get Help Now!
Facing Charges? Get Help Now!

Practice Areas

  • Crimes A-Z
    • Assaults
      • Assaults In The First Degree
      • Assaults In The Second Degree
      • Assault In The Third Degree
    • Child Abuse
      • Dependency And Neglect Resulting From Child Abuse
      • Felony Child Abuse
      • Misdemeanor Child Abuse
      • Trails Listing At DHS
    • City & Municipal Courts
      • Aurora Municipal Court
      • Castle Rock Municipal Court
      • Denver Municipal Court
      • Lakewood Municipal Court
      • Public Nuisance In Denver
      • Westminster Municipal Court
      • Wheat Ridge Municipal Court
    • Courts, Probation And Procedures
      • Arrest And Jail Process
      • Attempt To Commit A Crime
      • Attorney Fees For Criminal Cases
      • Bail/Bond Procedures
      • Colorado Courts Map
      • Conspiracy To Commit A Crime
      • Contempt Charges By A Court
      • Counties In Colorado: Find Your County
      • Court Hearings In Criminal Cases
      • Courthouses
      • Entrapment As A Defense
      • Expungement Of Juvenile Records
      • Extradition To And From Colorado
      • Insanity And Incompetency
      • Jury Trials – When & Why?
      • Miranda Rights
      • Municipal/Petty Crime Record Sealing
      • Municipal Courts
      • Plea Bargains
      • Presentence Investigation Report
      • Probation Sentence/Probation Officers
      • Probation Violations
      • Record Sealing
      • Restitution From Criminal Convictions
      • Sealing Of Drug Convictions In Colorado
      • Sentencing In Criminal Cases
      • Subpoena Service Of Process
      • Violation Of Bail Bond Conditions
      • Voting With A Felony Or Misdemeanor
      • Warrants
    • Cruelty To Animals In Colorado
    • Disorderly Conduct in Colorado
    • Drug Charges
      • Cocaine Possession
      • Crack Cocaine Possession
      • Ecstasy Possession
      • Heroin Possession
      • Marijuana (Marihuana) Cultivation
      • Marijuana On Probation
      • Marijuana Possession
      • Methamphetamine/Meth Possession
      • Schedule I Or II Drugs Without Prescription
      • Schedule Of Drug Offenses
    • Firearms Rights & Crimes
      • Concealed Carry Permit
      • Illegal Discharge Of A Firearm
      • Possession Of A Concealed Weapon
      • Possession of an Illegal or Dangerous Weapon
      • Possession Of A Weapon – Previous Offender
      • Possession Of Handgun By Juvenile
      • Prohibited Use of Weapons
      • Purchase & Sale Of Firearms
    • Fraud/Forgery
      • Casino Fraudulent Acts
      • Check Fraud
      • Criminal Extortion
      • Criminal Impersonation in Colorado
      • False Information To A Pawn Broker
      • Forgery In Colorado
      • Gambling And Casino Crimes
      • Identity Theft In Colorado
      • Unauthorized Use Of A Financial Transaction Device
    • Internet Sex Crimes
      • Enticement Of A Child
      • Indeterminate Sentence Sex Crimes
      • Indeterminate Sentencing In Colorado
      • Internet Luring of a Child
      • Internet Sexual Exploitation of a Child
      • Sexual Exploitation of a Child
    • Jail and Prison Information
      • Adams County Jail
      • Arapahoe County Jail
      • Community Corrections
      • Denver County Jail And Detention
      • DNA Expungement
      • Douglas County Jail
      • Inmate Communication
      • Introducing Contraband
      • Jail And Prison Life
      • Jail Intake/Entry
      • Jail Visit By A Lawyer
      • Jefferson County Jail
      • Parole From Prison
      • Parole Revocation Hearings
      • Prison & Department of Corrections
      • Work Release From Jail
    • Police-Involved Crimes
      • Assault in the Second Degree – Police
      • Escape In Colorado
      • False Reporting In Colorado
      • Impersonating A Peace/Police Officer
      • Obstruction In Colorado
      • Resisting Arrest In Colorado
    • Restraining Orders
      • Civil Protection Order Dismissal & Modification
      • Civil Restraining/Protection Orders In Criminal Cases
      • Criminal Restraining Orders In Colorado
      • Violation Of A Protection Order
    • Witness And Victim Crimes
      • Aggravated Intimidation Of A Victim Or Witness
      • Bribing Or Bribery Of Witness Or Victim
      • Intimidation of a Witness or Victim
      • Perjury In Colorado
      • Retaliation Against A Witness Or Victim
      • Witness or Victim Tampering
  • Domestic Violence
    • Civil Assist In Domestic Violence
    • Domestic Violence Definition
    • Domestic Violence Protection/Restraining Orders In Colorado
    • Domestic Violence Treatment In Colorado
    • Firearms And Domestic Violence
    • Intimate Relationship – Sex Not Required
    • Victim’s Advocates
  • Person and Violent Crimes
    • At Risk Adults & Juveniles
    • False Imprisonment
    • Harassment In Colorado
    • Kidnapping
    • Manslaughter in Colorado
    • Menacing
    • Murder / Homicide
    • Obstructing a Peace Officer in Colorado
    • Obstruction of Telephone Service
    • Reckless Endangerment
    • Resisting Arrest Charges in Colorado
    • Robbery
    • Stalking Definition
  • Sexual Offenses
    • Failure To Register As A Sex Offender In Colorado
    • Incest & Aggravated Incest In Colorado
    • Indecent Exposure in Colorado
    • Invasion of Privacy for Sexual Gratification
    • Class 6 Felony Sexual Assault, Child Victim
    • Promotion Of Obscenity To A Minor
    • Prostitution, Solicitation And Pimping In Colorado
    • Public Indecency
    • Sex Offender Deregistration In Colorado
    • Sex Offender Registration
    • Sex Offender Sentencing
    • Sex Offender Treatment Overview
    • Sexual Assault Charges in Colorado
    • Sexual Assault Felony Charges in Colorado
    • Sexual Assault on a Child
    • Pattern of Sexual Abuse, Defined
    • Sexual Assault on a Child, Position of Trust
    • Sexual Assault Misdemeanor Charges in Colorado
    • Unlawful Sexual Contact
  • Property Crimes
    • Arson
      • First-Degree Arson
      • Fourth-Degree Arson
      • Second-Degree Arson
      • Third-Degree Arson
    • Burglary
      • First Degree Burglary
      • Possession Of Burglary Tools
      • Second Degree Burglary
      • Third Degree Burglary
      • Burglary Law Changes in Colorado
    • Criminal Mischief In Colorado
    • Theft And Embezzlement
      • Accessory to Crime & Complicity
      • Motor Vehicle Theft
      • Computer Crime
      • Construction Trust Fund Theft
      • Embezzlement
      • Felony Theft In Colorado
      • Misdemeanor Theft In Colorado
      • Shoplifting Theft In Colorado
    • Juvenile Crimes
      • Direct Filing
      • Interference With Educational Institutions
      • Juvenile Detention Facilities
      • Juvenile Record Expungement
      • Juvenile Sexting And Texting In Colorado
      • Juvenile Sexual Assault on a Child in Colorado
      • Minor in Possession of Alcohol
      • Our Juvenile Justice System
    • Trespassing/Trespass
      • First-Degree Criminal Trespass
      • Second-Degree Criminal Trespass
      • Third-Degree Criminal Trespass
  • DUI / DWAI / Traffic
    • Breathalyzer Test
    • DMV Hearing
    • Driving Under The Influence Of Alcohol
    • Driving While Ability Impaired By Alcohol
    • DUI/DWAI Expressed Consent
    • DWAI/DUI Blood Alcohol Content (Blood Alcohol Concentration)
    • Felony DUI In Colorado
    • Field Sobriety Test
    • Handling The Colorado DUI/DWAI Stop
    • Unlawful Acts – Alcohol
    • What Is The Difference Between DUI And DWAI?
    • Traffic Crimes
      • Accident Involving Damage
      • Accidents Involving Death or Personal Injuries
      • Careless Driving
      • Department of Motor Vehicle (DMV) Hearings in Colorado
      • DMV Point System in Colorado
      • Driving Under Restraint in Colorado
      • Failure To Report An Accident
      • Habitual Traffic Offender & Aggravated Driving
      • Hit and Run – Leaving the Scene of an Accident
      • OJW – Outstanding Judgment Warrant
      • Probationary Driver’s License
      • Reckless Driving
      • Speeding Tickets
      • Vehicular Assault In Colorado
      • Vehicular Eluding In Colorado
      • Vehicular Homicide
  • Sex Offenses – An Overview
  • Rape, Sexual Assault, Date Rape And Statutory Rape
  • Victimless Sex Offenses
  • Sex Offender Registry
  • False Allegations
  • Frequently Asked Questions About Sex Offenses
  • Sex Offenses – Resource Links

Don’t Talk To The Police – Talk To Us.

Evaluate My Case

Contact Us

Denver Office

3801 E. Florida Avenue
Suite 725
Denver, CO 80210

Denver Office

Castle Rock Office

757 Maleta Ln
Suite 204
Castle Rock, CO 80108

Castle Rock Office

Westminster Office

1490 West 121st Avenue
Suite 102
Westminster, CO 80234

Westminster Office

Phone:
1-866-365-9351

Phone:
303-731-0719

  • Follow
  • Follow
  • Follow
  • Follow
  • Follow
Review Us

© 2025 Sawyer Legal Group, LLC • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw