Colorado Child Pornography Laws

Colorado prohibits child pornography under a broad statute covering the sexual exploitation of a child. As in most states, the creation or sale of child pornography is punished more harshly than the possession of it. In addition, possession of more than 20 different items of child pornography or multiple convictions can be aggravating factors when it comes to sentencing.

Child Pornography Statutes in Colorado At A Glance

The following table outlines Colorado's child pornography laws.

Statutes

Colorado Revised Statutes Section 18-6-403 (sexual exploitation of a child)

Colorado Revised Statutes Section 18-6-404 (procurement of a child for sexual exploitation)

Colorado Revised Statutes Section 18-3-405.4 (internet sexual exploitation of a child)

What is Prohibited?

Causing, inducing, enticing, or permitting a child to engage in, or be used for, any explicit sexual conduct for the making of any sexually exploitative material; or

Preparing, arranging for, publishing, including but not limited to publishing through digital or electronic means, producing, promoting, making, selling, financing, offering, exhibiting, advertising, dealing in, or distributing, including but not limited to distributing through digital or electronic means, any sexually exploitative material; or

Possessing or controlling any sexually exploitative material for any purpose; or

Possessing with the intent to deal in, sell, or distribute, including but not limited to distributing through digital or electronic means, any sexually exploitative material; or

Causing, inducing, enticing, or permitting a child to engage in, or be used for, any explicit sexual conduct for the purpose of producing a performance.

Intentionally providing a child to another person for the purposes of sexual exploitation.

Knowingly inviting or enticing through communication via a computer network or system, telephone network, or data network or by a text message or instant message, a person who the actor knows or believes to be under 15 years of age and at least 4 years younger than the actor to expose or observe, expose or touch the person's own or another person's intimate parts while communicating.

Penalties

Sexual Exploitation of a Child: This is a class 3 felony punishable by 4-12 years in prison.

Procurement of a Child for Sexual Exploitation: This is a class 3 felony punishable by 4-12 years in prison.

Internet Sexual Exploitation of a Child: This is a class 4 felony punishable by 2-6 years in prison.

Defenses

Lack of knowledge or control of the downloading of the child pornography.


Lack of constructive possession (no intent to exercise dominion or control of the items seized).


The statute does not apply to peace officers or court personnel in the performance of their official duties, nor does it apply to physicians, psychologists, therapists, or social workers, so long as such persons are licensed in the state of Colorado and the persons possess such materials in the course of a bona fide treatment or evaluation program at the treatment or evaluation site.

Mistake of fact

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Colorado Child Pornography Laws: Related Resources

The creation, sale, or mere possession of child pornography is a serious offense. For more information, see the additional resources below:

Free Child Pornography Case Review

As you can see, the penalties under Colorado child pornography laws can be severe, but remember that you'll have the opportunity to make your case to the court. When you do, you'll want a trusted criminal defense attorney by your side. Get in touch with one today for a free initial evaluation of the facts of your case.

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