I recently read a story about a teacher in another state being reprimanded for an inappropriate algebra word problem. The story problem read:
“Tony can send 5 texts and 3 nudes in 19 minutes. He could also send 3 texts and 1 nude in 9 minutes. How long would it take him to send one text and one nude?”
The main issue that comes to mind, from a Fort Collins, Loveland, and Estes Park criminal defense attorney is that most people, even adults, don’t understand the severe consequences that come from anyone under the age of 18 sending a ‘nude’ picture or sexting. Probably, the teacher was just trying to relate to the students, but in Colorado, when someone underage takes a naked picture of themselves or receives a naked picture from someone else under the age of 18, it is considered possession of child pornography or Sexual Exploitation of a Child – a felony in Larimer, Boulder, and Grand County.
Larimer County Sexual Exploitation of a Child Attorney: What is the Definition?
The Colorado law definition of Sexual Exploitation of a Child – C.R.S. 18-6-403 – is:
(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.
Most often, Sexual Exploitation of a Child is charged in sexting cases matching part b.5. It is a law violation to just simply have the pictures stored on a phone or computer. Even if the person being charged is the person who took the pictures and never shared it, they still can technically be charged because they are in possession of what is considered child pornography.
Possession of Child Pornography: What is the Punishment for this Crime?
For simply possessing child pornography (under 20 images)– like most sexting cases (part b.5), it is a class 5 felony in Larimer County, punishable by 1 to 3 years in the Colorado Department of Corrections. If the person has more than 20 images or videos or it is a second or subsequent offense, it is a class 4 felony, which carries a punishment of 2 to 6 years in prison. However, if a person is charged under parts a, b, c, or d, it is a class 3 felony, punishable by 4 to 12 years in the Colorado Department of Corrections.