§ 18-3-405.4 CRS – Internet Sexual Exploitation of a Child in Colorado
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.
For you to be convicted of internet sexual exploitation of a child in Colorado, prosecutors must prove beyond a reasonable doubt the following three elements of CRS 18-3-405.4:
You believed the child was under 15 years old;
You believed the child was at least 4 years younger than you; and
You deliberately lured the child through electronic media 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
Under Colorado, “intimate parts” means:
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.3Cybersex with a child under 15 and four years younger is a Colorado crime.
2. 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 have certain prior sex crime convictions.4Violating CRS 18-3-405.4 is a felony.
3. 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.
You are a victim of mistaken identity (for instance, the child wrongly picked you out of a lineup).
CRS 18-3-405.4 violations typically occur over the internet, social media, IM, SMS, or the phone.
4. Immigration
Internet sexual exploitation of a minor may qualify as a crime involving moral turpitude and an aggravated felony.5 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.
5. Record Seals
Convictions for internet sexual exploitation of a child may never be sealed from your Colorado criminal record. However, if the charge gets dismissed, then you can petition for a record seal immediately.6Convictions for internet sexual exploitation of a child are unsealable.
CRS 18-3-405.4 – Internet Sexual Exploitation of a Child
(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:
