What is procurement of a child for sexual exploitation?
CRS 18-6-404 is the Colorado child pornography law that makes it a crime to make a child available for the purpose of pornography or prostitution.
This is a more serious crime than sexual exploitation of a child under 18 under 18-6-403 C.R.S., which punishes possession or distribution of child pornography.
Specifially, Colorado 18-6-404 C.R.S. provides:
Any person who intentionally gives, transports, provides, or makes available, or who offers to give, transport, provide, or make available, to another person a child for the purpose of sexual exploitation of a child commits procurement of a child for sexual exploitation, which is a Colorado class 3 felony.
Consequences of a conviction under 18-6-404 C.R.S.
Penalties for procurement of a child for sexual exploitation can include:
- 4-12 years in prison, and/or
- A fine of $3,000-$750,000.
Conviction on charges of procuring a child for sexual exploitation under 18-6-404 C.R.S. will also require you to register as a sex offender on the Colorado Bureau of Investigation's felony sex offender registry.1
Failure to register as a sex offender is a Colorado class 6 felony. Penalties can include:
- A fine of $1,000-$100,000 and/or
- 1 – 1 ½ years imprisonment.
Defending against child procurement charges
Since a conviction under 18-6-404 C.R.S. requires proof of intent, a successful defense to procurement of a child for sexual exploitation charges will often focus on your lack of intent.
Other common defenses include, but are not limited to:
- You never offered the child for a sexual purpose,
- Evidence against you was discovered during an illegal search, or
- There was police misconduct (such as a coerced confession or planted evidence).
Call us for help…
Our Denver Colorado criminal defense attorneys know that innocent people are often accused of sex crimes against children.
We fight such charges aggressively and proactively, using every tool at our disposal to uncover evidence of your innocence.
If you or someone you know has been charged under 18-6-404 C.R.S. or its sister crime 18-6-403 C.R.S (sexual exploitation of a child under 18), we invite you to call us for a free consultation to discuss your case and possible defense strategies.
For the fastest response from one of our experienced criminal defense attorneys, fill out the form on this page. Or, if you'd prefer, call us at our centrally located Denver office:
Colorado Legal Defense Group
1400 16th Street ste. 400
16 Market Square
Denver CO 80202
- If you were at least 18 at the time of the offense, you will be required to remain on the registry for a minimum of 20 years. If you were under 18, you may petition the court to have your name removed from the registry, but the court is not required to grant it.