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
- to expose your intimate parts to a child, or
- to observe the child touching their intimate body parts.
A conviction carries a penalty of
- 2 to 6 years in prison and
- registration as a sex offender.
The language of CRS 18-3-405.4 states that:
(1) An actor commits internet sexual exploitation of a child if the actor knowingly importunes, invites, or entices through communication via a computer network or system, telephone network, or data network or by a text message or instant message, a person whom the actor knows or believes to be under fifteen years of age and at least four years younger than the actor, to:
(a) Expose or touch the person’s own or another person’s intimate parts while communicating with the actor via a computer network or system, telephone network, or data network or by a text message or instant message; or(b) Observe the actor’s intimate parts via a computer network or system, telephone network, or data network or by a text message or instant message.
In this article, our Denver Colorado criminal defense attorneys will discuss:
- 1. Elements
- 2. Penalties
- 3. Sex Offender Registration
- 4. Federal Law
- 5. Defenses
- 6. Immigration
- 7. Record Seals
- 8. Related offenses
- Additional Reading
1. Elements
For you to be convicted of violating CRS 18-3-405.4, prosecutors must prove beyond a reasonable doubt that:
- You knew or believed the child was under 15 years of age;
- You knew or believed the child was at least 4 years younger than you;
- You deliberately lured the child through electronic media (such as use of the internet, social media, IM, SMS, or the phone) 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
Colorado law defines “intimate parts” as:
- 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
Also see our related article on sexual exploitation of a child – Colorado child pornography laws (CRS 18-6-403).
Cybersex with a child under 15 and four years younger is a Colorado crime.
2. Penalties
Internet sexual exploitation of a child is a class 4 felony in Colorado, carrying penalties of:
- 2 to 6 years in Colorado State Prison, and
- A possible fine of $2,000 to $500,000.4
You are also required to register as a Colorado sex offender.5 Plus you lose your right to own or possess a gun.6
3. Sex Offender Registration
If you are convicted of internet sexual exploitation of a child in Colorado, you must register as a sex offender for ten years. After ten years of full compliance, you may petition the court to relieve you of sex offender registration status.7
4. 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 had certain prior sex crime convictions.8
5. 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.
- You did not know or believe the child’s age;
- You never enticed the child to expose, touch or observe any intimate parts;
- The law enforcement officers found your computer, phone, or other electronic device through an illegal search;
- Another person used your electronic device to exploit the child sexually, and you were wrongly accused;
- The child or someone else falsely accused you of this internet sex crime to the police; and/or
- You are a victim of mistaken identity (for instance, the child wrongly picked you out of a lineup).
6. Immigration
Internet sexual exploitation of a minor may qualify as a crime involving moral turpitude and an aggravated felony.9 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.
7. Record Seals
Convictions for internet sexual exploitation of a child may never be sealed from your criminal record. However, if the charge gets dismissed, then you can petition for a record seal immediately.10 Learn more about Colorado record seals.
8. Related Offenses
- Internet luring of a child (CRS 18-3-306)
- Indecent exposure (CRS 18-7-302)
- Enticement of a child (CRS 18-3-305)
- Aggravated incest (CRS 18-6-302)
- Unlawful sexual contact (CRS 18-3-404)
- Public indecency (CRS 18-7-301)
- Sexual assault (CRS 18-3-402)
- Invasion of privacy for sexual gratification (CRS 18-3-405.6)
- Sexual assault on a child by one in a position of trust (CRS 18-3-405.3)
- Child abuse (CRS 18-6-401)
- Solicitation for child prostitution (CRS 18-7-402)
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.
Legal References
- CRS 18-3-405.4; People v. Heywood (2014) COA 99, 357 P.3d 201.
- CRS 18-3-401.
- People v. Helms (2016) COA 90, 396 P.3d 1133.
- CRS 18-3-405.4; CRS 18-1.3-1004 (indeterminate sentence).
- CRS 16-22-103.
- CRS 18-12-108.
- CRS 16-22-113.
- 18 U.S.C. 2251.
- See 8 U.S.C. 1227 – 1228.
- CRS 24-72-704 – 706.