Possessing child pornography in Douglas County and Castle Rock is charged as Sexual Exploitation of a Child in Colorado. Often, an internet service provider will run checks for certain searches, files, images and file sharing and will report any suspicious activity for police to investigate. That is what happened with a recent Fort Collins case, and when the police investigated, they found 676,000 images and 18,000 videos on one man’s computer and other electronic devices. The man was arrested and charged with 60 counts of Sexual Exploitation of Children.

Douglas County Possession of Child Exploitative Materials Definition

The Douglas County, Colorado law definition of Sexual Exploitation of a Child (as it relates to possession of child pornography) – C.R.S. 18-6-403 (3)(b.5) – is:

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(3) A person commits sexual exploitation of a child if, for any purpose, he or she knowingly:

(b.5) Possesses or controls any sexually exploitative material for any purpose; except that this subsection (3)(b.5) does not apply to law enforcement personnel, defense counsel personnel, 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;"

There are many other subsections related to creating, sharing, selling, and allowing a child to be used for child pornography, but section b.5 covers possessing sexually exploitative materials related to children and is the most common child pornography charge.

Sentence for Sexual Exploitation of a Child – Possession of Child Pornography in Highlands Ranch and Parker

Possession of child pornography (charged under subsection b.5) is a class 5 felony. However, it can be aggravated to a class 4 felony if:

• It is a second or subsequent conviction; or
• There are 20 more different sexually exploitative videos or recordings.

Because the man was found in possession of over 18,000 videos, he would be facing the class 4 felony Sexual Exploitation of a Child charge. A conviction of this offense requires sex offender registration and often sex offender treatment.

If you or a loved one has been charged with Sexual Exploitation of a Child or Possession of Child Pornography, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 303-265-1950 to schedule a free consultation. Together, we can protect your future.

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