§ 18-3-405.4 CRS – Internet Sexual Exploitation of a Child in Colorado

Colorado CRS § 18-3-405.4 makes it a class 4 felony to engage in the internet sexual exploitation of a child. This means using the internet or other online media

1. to expose your intimate parts to a child or
2. to observe the child touching their intimate body parts.

Internet sexual exploitation of a child carries

• 2 to 6 years in prison,
• $2,000 to $500,000 in fines, and
• registration as a sex offender for at least 10 years.

In this article, our Denver Colorado criminal defense attorneys will discuss:

• 1. Elements
• 2. Federal Law
• 3. Defenses
• 4. Immigration
• 5. Record Seals
• 6. Related offenses
• Additional Reading

1. Elements

For you to be convicted of internet sexual exploitation of a child in Colorado, prosecutors must prove beyond a reasonable doubt the following three elements of CRS 18-3-405.4:

1. You believed the child was under 15 years old;
2. You believed the child was at least 4 years younger than you; and
3. You deliberately lured the child through electronic media for the purpose of:
   • exposing your own intimate parts to the child online or
   • observing the child online touch the intimate parts of themself or of someone else.¹

Under Colorado, “intimate parts” means:

• external genitalia,
• perineum,
• anus,
• buttocks,
• pubic area, and
• breasts.²

In short, internet exploitation is cybersex with children. This sexual offense does not comprise sending naked pictures taken in the past. It is more than just sexting. Instead, it is actively exposing oneself in real time.³

Cybersex with a child under 15 and four years younger is a Colorado crime.

2. Federal Law

If you are suspected of internet sexual exploitation of a child, you may face federal charges for the “sexual exploitation of children” in addition to – or instead of – state charges.

For instance, federal courts may claim jurisdiction if the computer materials were produced out of state, or if the child and you were in different states.

Federal penalties under 18 U.S.C. 2251 include fines and 15 to 30 years in federal prison. Penalties are even harsher if you have certain prior sex crime convictions.⁴

Violating CRS 18-3-405.4 is a felony.

3. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with sex crimes such as internet sexual exploitation of a child. In our experience, the following six defenses have proven very effective with prosecutors, judges, and juries.

1. You did not know or believe the child’s age.
2. You never enticed the child to expose, touch or observe any intimate parts.
3. The law enforcement officers found your computer, phone, or other electronic device through an illegal search.
4. Another person used your electronic device to exploit the child sexually, and you were wrongly accused.
5. The child or someone else falsely accused you of this internet sex crime to the police.
6. You are a victim of mistaken identity (for instance, the child wrongly picked you out of a lineup).

CRS 18-3-405.4 violations typically occur over the internet, social media, IM, SMS, or the phone.

4. Immigration

Internet sexual exploitation of a minor may qualify as a crime involving moral turpitude and an aggravated felony.⁵ Therefore, non-citizens convicted of this criminal offense may be deported from the U.S. after serving the sentence.

However, a skilled immigration and criminal defense attorney may be able to fight the case so charges get dropped or reduced to a non-deportable offense.

5. Record Seals

Convictions for internet sexual exploitation of a child may never be sealed from your Colorado criminal record. However, if the charge gets dismissed, then you can petition for a record seal immediately.⁶

Convictions for internet sexual exploitation of a child are unsealable.

6. Related Offenses

• Aggravated incest (CRS 18-6-302)
• Child abuse (CRS 18-6-401)
• Enticement of a child (CRS 18-3-305)
• Indecent exposure (CRS 18-7-302)
• Internet luring of a child (CRS 18-3-306)
• Invasion of privacy for sexual gratification (CRS 18-3-405.6)
• Public indecency (CRS 18-7-301)
• Sexual assault (CRS 18-3-402)
• Sexual assault on a child by one in a position of trust (CRS 18-3-405.3)
• Solicitation for child prostitution (CRS 18-7-402)
• Unlawful sexual contact (CRS 18-3-404)

Felony convictions will cause you to lose your gun rights.

Additional Resources

If you are a sex crime victim in need of help, refer to these resources:

• National Organization for Victim Assistance (NOVA): Provides crisis intervention, advocacy, and support services to victims of crime and crisis.
• Darkness to Light: Focuses on preventing child sexual abuse through education and training programs for adults.
• RAINN (Rape, Abuse & Incest National Network): Operates the National Sexual Assault Hotline and provides resources for survivors.
• National Sexual Violence Resource Center (NSVRC): Offers information, training, and tools to prevent and respond to sexual violence.
• 1in6: Supports male survivors of sexual abuse and assault through online services and resources.

Also see our related article on sexual exploitation of a child – Colorado child pornography laws (CRS 18-6-403).

Legal References