WHAT ARE THE ELEMENTS OF INTERNET SEXUAL EXPLOITATION OF A CHILD?
Under Colorado law, a person commits the crime of internet sexual exploitation of a child when he knowingly invites a child to expose herself to him or watch him expose himself to her.
A prosecutor must prove the following elements to convict someone of internet sexual exploitation of a child:
The adult knows, or believes, a child is less than 15 years old;
The adult knows, or believes, he is at least 4 years older than the child;
The adult used a computer or telephone network to knowingly:
invite a child to expose her intimate parts to the adult; or
have the child watch the adult expose his intimate parts; and
WHAT IS THE DEFINITION OF INTIMATE PARTS?
Colorado Criminal Code C.R.S. § 18-3-401(2) defines intimate parts as:
Anus
Buttocks
Pubes
Breasts
Perineum; and
External genitalia.
WHAT ARE SOME EXAMPLES OF INTERNET SEXUAL EXPLOITATION OF A CHILD
Example 1: An adult goes into a chat room and starts messaging someone inside the room. During the messaging conversation the adult learns that the person he is messaging is a kid under the age of fifteen who happened to end up in the chat room by accident. The kid starts asking the adult about the birds and the bees and the adult starts answering the kid’s questions. Eventually the kid asks the adult to show her what a penis looks like. The adult then sends her a picture of his genitals.
Example 2: A 20-yar-old college student goes home with his roommate for Thanksgiving. While at his roommate’s house, he meets his roommates 14-year-old sister. He starts talking with her and she puts her phone number in his phone. They start texting each other and she sends him topless photos of himself. When he sees them, he asks for more and she sends them.
WHAT ARE THE PENALTIES FOR INTERNET SEXUAL EXPLOITATION OF A CHILD
Internet sexual exploitation of a child is a class 4 felony in Colorado. A person sentenced for a conviction to this charge would be given an indeterminate sentence of probation or an indeterminate sentence to prison for a period of between 2-6 years, up to the rest of his life. Additionally, a person convicted of this charge will have to register as a sex offender in Colorado and other states.
HOW LONG DOES A PERSON HAVE TO REGISTER AS A SEX OFFENDER?
Yes, a person convicted of internet sexual exploitation of a child will have to register as a sex offender in Colorado. After being on the registry for ten years, they can petition the court to remove them from the sex offender registry.
WHAT ARE SOME DEFENSES TO INTERNET SEXUAL EXPLOITATION OF A CHILD
Age is a defense to internet sexual exploitation of a child in Colorado. If you can prove that the accuser was over the age of 15 when the photos were sent, or that you were less than four years older than the accuser, then you have a valid defense to internet sexual exploitation of a child. Some other defenses to the charge of internet sexual exploitation of a child are:
The defendant was less than four years older than the child;
The child was older than 15 years old;
The defendant did not believe the child was less than 15 years old
The defendant never asked or enticed the child to expose or touch any of her intimate parts;
Someone else was using the defendant’s phone while committing the crime;
The child made false allegations against the defendant; or
The child mistakenly identified the defendant as the culprit because he looks like the person who committed the crime.
WILL I HAVE TO REGISTER AS A SEX OFFENDER?
Yes, Internet sexual exploitation of a child is consider unlawful sexual behavior. Anyone convicted of an offense involving “unlawful sexual behavior” as defined in the Colorado Sex Offender Registration Act (C.R.S. 16-22-102(9), will have to register as a sex offender. A person convicted of internet sexual exploitation of a child can ask a court to remove him from the registry ten years after he finishes serving his sentence for the charge.
RELATED OFFENSES
Child abuse – C.R.S. 18-6-401
Sexual assault – C.R.S. 18-3-402
Solicitation for child prostitution – C.R.S. 18-7-402
