Denver Child Pornography Defense Attorney

In Colorado, anyone who promotes, produces, or possesses sexually explicit material involving a minor can be charged with a child pornography-related crime. State law enumerates three separate offenses that fall under this category; all of them are felonies. Additionally, each carries a requirement to register as a sex offender upon conviction. Being found guilty of any of the crimes can substantially alter the course of a person's life. Thus, if you have been charged with a child porn offense, it is beyond crucial that you get an aggressive child pornography lawyer on your side right away.

Attorney Kevin Cahill can provide the dedicated and zealous representation you need to fight your charge. He is a hardworking Denver child pornography lawyer prepared to put in the hard work necessary to challenge the accusation against you. His strategic approach begins by getting to know the person behind the allegations. This part of his process allows him to understand your goals and needs and build a tailored defense for your specific case. You can be sure that when you hire him, you will receive counsel from someone who cares about helping you through the legal system and seeking an optimal result on your behalf.

To get started, call the Law Office of Kevin Cahill (720) 548-2990 or submit an online contact form today.

Sexual Exploitation of a Child

One of Colorado's three child pornography laws is CRS 18-6-403, Sexual exploitation of a child. Generally, it provides that a person may be charged with a crime if they make, possess, or possess with the intent to sell sexually exploitive material involving a minor. Sexually exploitive material is any production depicting a child engaged in explicit sexual conduct.

Explicit sexual conduct includes:

• Sexual intercourse: This involves the real or simulated penetration of a person's genitals or anus by another's genitals or mouth,
• Erotic fondling: This involves touching another's genitals, buttocks, or breasts for sexual gratification.
• Erotic nudity: This involves exposure of the genitals, breasts, or pubic area for sexual gratification or stimulation.
• Masturbation: This involves rubbing, touching, or stimulating genitals, pubic area, buttocks, or breasts for sexual gratification or arousal.
• Sadomasochism: This involves causing harm or being restrained for sexual stimulation or gratification.
• Sexual excitement: This involves the male or female genitals becoming sexually stimulated or aroused.

Prohibited conduct under the sexual exploitation of a child law includes:

• Soliciting, enticing, or permitting a child to participate in the production of sexually exploitive material or a sexually explicit performance,
• Disseminating through physical or electronic means sexually exploitive material involving a child,
• Possessing sexually exploitive material involving a child, and
• Possessing sexually exploitive material with the intent to sell

Generally, sexual exploitation of a child is a class 3 felony. Conviction penalties include up to 12 years of imprisonment and/or up to $750,000 in fines.

However, if a person is found possessing child porn, they face a class 5 felony charge, which is penalized by up to 3 years’ imprisonment and/or up to $100,000 in fines. But if it's their second offense or they have over 20 sexually explicit depictions involving a minor, they may be charged with a class 4 felony. A conviction may result in up to 6 years in prison and/or up to $500,000 in fines.

Procurement of a Child for Sexual Exploitation

Under CRS 18-6-404, a person may be charged with this offense if they in some way allow another person access to a child for sexual exploitation. The crime is a class 3 felony, with penalties including a prison term of up to 12 years and/or a fine of up to $750,000.

Internet Sexual Exploitation of a Child

The offense involves using an electronic device to communicate with a child in a sexually explicit way.

Specifically, CRS 18-3-405.4 provides that it's unlawful for a person 4 years older than a minor under 15 years of age to entice or invite the child to:

• Touch their private parts or those of another while communicating through a computer, phone, Internet, text, or instant message, or
• Watch the actor touch their own private parts while communicating through a computer, phone, Internet, text, or instant message.

Internet sexual exploitation of a child is a class 4 felony. The penalties include between 2 and 6 years of imprisonment and/or between $2,000 and $500,000 in fines.

Contact A Child Pornography Lawyer Right Away