Pornography use has become an accepted part of American culture. Despite repeated adverse findings regarding its impact on women, marriages, and families, Americans still largely endorse this practice in our “free sex” culture. While pornography in general is not frowned upon, there is a line in which it is considered inappropriate and illegal. When people choose to cross over to explicit images of minors, Colorado law dictates steep penalties. Sadly, those who step across to illegal and culturally unfavorable sex practices, involving children are most often sexually addicted and in dire need of intensive therapy. In order to keep your children safe, it is important to be aware of the protections afforded by Colorado law.
Under Colorado law, the creation, sale, and/or possession of child porn are considered illegal activities. The punishment will reflect the seriousness of the crime. Thus, those who make or sell child pornography are subject to more severe penalties than those who are charged only for possession.
Additionally, those who are charged with the possession of more than 20 separate child pornography, paraphernalia, or have received other convictions will receive harsher sentencing. Specific statutes governing what is illegal is described under the sexual exploitation of child laws as child porn is considered exploitation of a child under Colorado law.
Specifically, it is illegal to be in control or possession of sexually explicit content involving a child for any reason. This includes being in possession of the content with the goal of selling or distributing the content through any medium. Additionally, it is illegal to force, allow, or encourage a minor to be involved in the making of sexually explicit content or performing. It is also against the law to arrange, prepare, or publish pornographic material involving children whether through print, digital, or electronic means. The also includes advertising, promoting, producing, exhibiting, making, selling, distributing, financing etc. such content.
Those who are convicted of a crime under the sexual exploitation of a child law, which is punishable under Colorado sex offender laws, will face severe consequences. These consequences can include a sex offender registration, between 12 and 24 months spent in prison, and lifetime supervision.
If you or someone you know is charged with this crime, there are some legal defenses that maybe helpful in the representation of your case. You may claim that you were not in control of oraware that the child pornography was downloaded. You may also defend your case by claiming there was no constructive possession, meaning you did not have control of the material seized by law enforcement. If you work in specific fields of employment such as a therapist, psychologist, social worker, physician, peace officer, or court personnel, (although you must be licensed by the state of Colorado) this could be part of your job description. If you are in possession of this material for treatment, evaluation, or conducting formal duties, you may be exempt from legal ramifications regarding possession of this material.