A man made famous for losing over 200 pounds by eating Subway sandwiches has been all over the news for another reason: child pornography. In early July, federal agents raided the spokesperson’s home and seized several computers and DVDs. The news reported that the defendant is ready to plead guilty to the child pornography charges and could be facing up to 12 ½ years in prison. While this case was charged on a federal level, Sexual Exploitation of a Child, or Possession of Child Pornography, is a criminal offense in Colorado state court. Let’s look at the specifics of this crime and the related sentences.
What is Sexual Exploitation of a Child in Larimer County?
According to Colorado law, the 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.
Breaking down this definition, Possession of Child Pornography is charged when a person:
a. Causes, convinces or allows a child to engage in sexual conduct in order to make sexually exploitative material; or
b. Sells, distributes or makes available any child related sexually exploitative material; or
b.5. Possesses or owns any child related sexually exploitative material; or
c. Possesses any child related sexually exploitative material with the intent to sell or distribute; or
d. Causes, convinces, or allows a child to engage in sexual conduct for the purpose of producing a performance.
Most of the Child Pornography cases we see in Larimer, Boulder, and Grand County are related to section (b.5), Possession of Child Pornography – much like the spokesman case above. It is illegal to possess or own any sexually explicit material involving children. Police and investigators will search all electronic devices you own, including computers, cell phones, tablets, and any other device they can find. This is to gather all the evidence they can because the amount of child pornography they find can make a difference in sentencing.
[pullquote align=”center” textalign=”center” width=”90%”]Have you been charged with Sexual Exploitation of a Child? Contact the experienced attorneys from the O’Malley Law Office to defend you today![/pullquote]
What is the Sentence for Child Pornography in Fort Collins?
If a person is accused of Sexual Exploitation of a Child and their alleged offense meets (a), (b), (c), or (d) as described above, then they will be charged with a class 3 felony. If the person is accused of Possession of Child Pornography (b.5), they would be charged with a class 6 felony. However, there are aggravating factors, which can increase that class 6 felony to a class 4 felony. These factors are:
- It is a second or subsequent offense; or
- There are more than 20 different items qualifying as sexually exploitative material in the person’s possession; or
- The person possesses a video tape, movie, or video qualifying as sexually exploitative material.
Any felony conviction is punishable by incarceration in the Colorado Department of Corrections. Because of the serious nature of these charges, it is vital you have an experienced criminal defense lawyer to protect you. A conviction of this nature in Fort Collins, Loveland, or Estes Park, will require the convicted party to register as a sex offender and complete the harsh sex offender treatment. With so much at stake, you need someone you can trust on your side. At the O’Malley Law Office, we do not judge. We fight hard to protect you.