Child Pornography Laws In Colorado

Colorado takes child pornography very seriously, with harsh penalties for convictions. Under Colorado §18-6-403, the law states:

“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 eighteen 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.”

Under Colorado §18-6-403, the state prohibits the production, distribution, or possession of child pornography.

What Types of Criminal Charges Relate to Child Pornography?

Depending on the severity of the alleged crime, a suspect could face one or more of the following charges:

• The sexual exploitation of a child under the age of 18, which could include the possession, distribution, or production of printed, digital, or analog photos or videos depicting children under the age of 18 in sexually explicit ways
• The procurement of a child for sexual exploitation, or making a child available for sexually explicit photos or prostitution
• Internet sexual exploitation of a child, or using the internet or online media forums to view a minor touching themselves or to expose intimate body parts to a child

A conviction for the sexual exploitation of a child, the procurement of a child, or internet sexual exploitation is a felony conviction with serious penalties.

What Are the Penalties for a Conviction for Child Pornography In Colorado?

The penalties for a conviction on child pornography charges are serious, with fines, prison time, and required registration as a sex offender. Depending on the suspect’s alleged actions, a conviction could bring the following penalties:

• The first-time conviction for possession of up to 20 still pornographic images of children is a class 5 felony with up to three years in prison and fines ranging from $1,000-$100,000
• Second or subsequent convictions for possession of up to 20 still images is a class 4 felony with a minimum of two years in prison up to a maximum of 6 years, with fines ranging from $2,000-$500,000
• Possession of over 20 still pornographic images of children is a class 4 felony with 2 to 6 years in prison and fines of up to $500,000
• Possession of video child pornography is a class 4 felony with 2 to 6 years in prison and fines ranging from $2,000 to $500,000
• A conviction for making, producing, or distributing child pornography videos is a class 3 felony with a minimum of 4 years and a maximum of 12 years in prison and up to $750,000 in fines

Child pornography charges in Colorado are serious, with long-range adverse impacts on the convicted felon’s life. All defendants in Colorado have a right to a rigorous defense to prevent a wrongful conviction and protect every individual’s constitutional rights.

What Are the Possible Defenses for Charges of Child Exploitation or Child Pornography In Colorado?

Defending your rights when faced with serious felony charges for crimes against children is critical. Effective defense strategies include the following:

• None of the images depicted were of individuals under 18 years old, but may have been altered to appear younger
• You didn’t know the materials were in your possession
• The touching captured in the images wasn’t for sexual purposes, for example, it may have been a parent bathing a child
• The material was in your possession for non-sexual purposes, such as for medical research, or as part of your work as a counselor or therapist
• The police made a procedural error during their search

Colorado law enforcement is not free from error-making. Regardless of the nature of the charges, you have every right to an aggressive defense. Our criminal defense lawyers are here to help.

Reach out today and set up a free consultation to discuss your case.