Possessing a Private Image by a Juvenile | Colorado Defense Attorney

Minors who have intimate photos of younger peers on their smartphone or tablet can face charges of possessing a private image by a juvenile. Teens in Douglas County should be careful when sexual photos are in their possession without permission from the person photographed. While this offense is less serious than posting a private image by a juvenile, certain penalties still exist. At a time when electronic exchange of material is very high, criminal charges are closer than many think. Consult an experienced juvenile defense attorney right away if your child has been accused of any sexting offense.

What is Possessing a Private Image by a Juvenile in Colorado?

Colorado’s laws surrounding juvenile sexting prohibit many different acts of distribution and possession of private images. CRS 18-7-109 addresses possession specifically:

“a juvenile commits the offense of possessing a private image by a juvenile if he or she,
- through digital or electronic means,
- knowingly possesses a sexually explicit image of another person who is at least fourteen years of age or is less than four years younger than the juvenile,
- without the depicted person’s permission.”

If, however, the teenager took certain steps within 72 hours, it is not a crime. Disposing of the images or reporting them to law enforcement or a school officer within this timeframe negates the violation. Keeping them more than 3 days after viewing or distributing them to others can lead to trouble.

What Level of Offense is Possessing a Private Image by a Juvenile?

Most cases of juvenile sexting possession are a petty offense. However, penalties increase when more images of more people are discovered. If a teen has 10+ intimate pics that depict 3+ different peers, a class 2 misdemeanor applies. Seldom do teenage boys and girls stop at possession. The shock factor can set in and if they text, direct message, or AirDrop the photos to their friends, charges of posting a private image often apply.

Douglas County Juvenile Defense Attorney

Whether you live in Castle Rock, Parker, or Highlands Ranch, skilled representation for your son or daughter is a phone call away. The seasoned defense attorneys at Sawyer Legal Group have decades of experience representing minors and often achieve favorable results for teens throughout Colorado. Perhaps your son or daughter tried to delete the photos but was unsuccessful or didn’t feel comfortable telling an adult what they received. That said, contact our office for a free consultation. We will carefully look over your unique case and recommend next steps. Our affordable fees and flexible payment plans make quality representation a reality in these uncertain times.