Question 1

What is internet sexual exploitation of a child in Colorado?

Accepted Answer

A person violates CRS 18-3-405.4 when the following three conditions are true: 1) The defendant knows or believes the child is under 15 years of age; 2) The defendant knows or believes the child is at least 4 years younger than the defendant; 3) The defendant deliberately lures the child through electronic media (such as social media, IM, SMS, the internet, or the phone) for the purpose of: the defendant exposing his/her own intimate parts to the child online; or observing the child online touch the intimate parts of him/herself or of someone else

Question 2

What are the consequences of a CRS 18-3-405.4 conviction?

Accepted Answer

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. Convicted defendants are also required to register as a Colorado sex offender.

Question 3

Will the defendant have to register as a sex offender?

Accepted Answer

Yes. People convicted of internet sexual exploitation of a child in Colorado must register as a sex offender for 10 years. After 10 years of full compliance, the defendant may petition the court to get off of the registry.

Question 4

Will the feds bring criminal charges also?

Accepted Answer

Defendants suspected of internet sexual exploitation of a child 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 defendant 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 the defendant has certain prior sex crime convictions.

Question 5

How do you fight charges of internet sexual exploitation of a child?

Accepted Answer

Defenses to charges of internet sexual exploitation of a child fall into six basic categories: 1) The defendant did not know or believe the child's age; 2) The defendant never enticed the child to expose, touch or observe any intimate parts; 3) The police found the defendant's computer, phone, or other electronic device through an illegal search; 4) Another person used the defendant's electronic device to sexually exploit the child, and the defendant was wrongly accused; 5) The child or someone else falsely accused the defendant; and/or 6) The defendant is a victim of mistaken identity (for instance, the child wrongly picked the defendant out of a lineup).

Question 6

Can the defendant be deported?

Accepted Answer

Internet sexual exploitation of a minor may qualify as a crime involving moral turpitude and an aggravated felony. Therefore, defendants convicted of this crime may be deported from the U.S. after serving their sentence. But 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.

Question 7

Can the record be sealed?

Accepted Answer

Convictions for internet sexual exploitation of a child may never be sealed from the defendant's criminal record. But if the charge gets dismissed, then the defendant can petition for a record seal immediately.

1. ¿Qué es la explotación sexual de un niño a través de internet?

2. ¿Cuáles son las consecuencias?

3. ¿El acusado tendrá que registrarse como delincuente sexual?

4. ¿También presentarán cargos penales federales?

5. ¿Cómo se pueden defender los cargos?

6. ¿Puede el acusado ser deportado?

7. ¿Puede el registro ser sellado?

8. Delitos relacionados

Referencias legales

§ 18-3-405.4 CRS – Explotación sexual de un niño por Internet