Whenever I read a story about someone who has been arrested and charged with a sex offense in Larimer, Boulder, and Grand County, I wish I could fast-forward to a few years down the road, when the truth has time to be revealed. A perfect example of this is a story I’ve followed for a few years about a football coach who was accused of producing pornography of his own children. In Colorado, he would be facing Sexual Exploitation of a Child charges. Let’s look closer at his situation and learn more about this crime.
Coach Accused of a Sex Offense
It all began when the football coach turned in his cell phone to the IT department to get it fixed. A few days after he turned in his cell phone, his boss pulled him away from a practice and told him he was being let go. A few days after that, he was arrested and spent the night in jail, his mug shot emblazoned across the media. People likely were horrified at his actions – to take sexual, nude photographs of your own children? The public opinion when stories like this hit the news is generally that the person is guilty. After all – he wouldn’t have been arrested without evidence, right? Wrong. Let’s take a look at the evidence found against this father of three, and how a person is charged with this offense in Colorado.
What is Considered to be Sexual Exploitation of a Child in Larimer County?
In Fort Collins, Loveland, and Estes Park, the crime of Sexual Exploitation of a Child – C.R.S. 18-6-403 will be charged if a person is found to be in possession of or producing child pornography. But, what exactly is considered to be sexually exploitative images of children? In general, a photo or video of a naked child cannot be considered to be pornographic – there must be a sexual purpose to the media. The content must be “erotic,” or explicitly sexual, according to the statute. So, was the coach’s video sexual in nature?
[pullquote align=”center” textalign=”center” width=”95%”]Have you been charged with Possession of Child Pornography or Sexual Exploitation of a Child? Contact the experienced attorneys from the O’Malley Law Office to defend you today![/pullquote]
Supposed Child Pornography Actually Innocent
According to the police and the media, the technician found a video of the coach’s three children dancing without any clothes on. The video was deemed to be of a sexual nature, and their father was arrested. But, when questioned, the man said that the video was from an evening he was working from home. His three children (ages 9, 8, and 5), were taking bubble baths upstairs. He says they came down the stairs and had a skit they had prepared. They were wearing their towels originally, but during their skit, the towels came off. It was all normal childhood behavior, and completely innocent. The videos totaled all of 102 seconds, but it was enough for a trial. Thankfully, three months after his arrest, the case against the coach was dismissed by a judge. But, the damage had already been done – the coach had lost his job, and his face was plastered in the media along with criminal charges.
Why You Need the Best Lawyer for Sex Crime Charges
The media catches wind of sensationalistic stories like this, and they run with them. Unfortunately, people don’t realize that these stories are just that – stories. They haven’t been proven, and the people in the photographs haven’t been convicted. They’ve been arrested under suspicion of committing a crime. The coach cleared his name of the sex offense charges, and then went to court over losing his job unlawfully. He won his case, and now he has his job back. His story is a perfect example of how time can reveal the truth – he was innocent all along, even when his mug shot was plastered all over the news. It is wise for us to remember that when we read the news. If you’ve been falsely accused or wrongfully arrested for a sex crime in Colorado, don’t hesitate to contact one of the aggressive criminal defense lawyers at the O’Malley Law Office. We have 40 years of combined courtroom experience, and we fight hard to get your case dismissed.