Colorado Revised Statutes § 18-6-403 makes it a felony crime to knowingly create, distribute, access, view, possess, or control sexually exploitative material involving a child under 18. The statute applies to physical and digital media and, since August 6, 2025, also covers certain realistic computer-generated images depicting an identifiable child.
Colorado Penalties
A conviction for sexual exploitation of a child under 18 requires sex offender registration in Colorado. The prison term and fines depend on the alleged conduct and type of material:
- Accessing, viewing, possessing, or controlling a still image is generally a class 5 felony, carrying one to three years in prison and/or $1,000 to $100,000 in fines.
- Accessing, viewing, possessing, or controlling a video or other moving image is a class 4 felony, carrying two to six years in prison and/or $2,000 to $500,000 in fines.
- A second or subsequent possession or viewing offense is a class 4 felony, carrying two to six years in prison and/or $2,000 to $500,000 in fines.
- Producing, selling, distributing, or possessing sexually exploitative material with the intent to distribute it is generally a class 3 felony, carrying four to 12 years in prison and/or $3,000 to $750,000 in fines.Penalties increase
Colorado’s extraordinary risk sentencing rules increase the maximum presumptive prison sentence when the material depicts a child under 12, the actual use of force or violence, sexual intercourse, sexual intrusion, or sadomasochism.
Sexually Exploitative Material
C.R.S. 18-6-403 covers photographs, printed images, videos, livestreams, recordings, broadcasts, and other visually reproduced material depicting a child engaged in, observing, or being used for:
- sexual intercourse,
- sexual intrusion,
- masturbation,
- sadomasochism,
- sexual excitement,
- erotic fondling, and
- erotic nudity.
The definition also includes realistic visual depictions of an identifiable child involved in explicit sexual conduct. The law therefore does not automatically cover every fictional drawing, cartoon, or computer-generated image.
In our experience defending these cases, people are often surprised by how aggressively Colorado law enforcement investigates allegations involving computers, cloud storage, and file-sharing software. Many clients contact us believing they cannot be charged because they never intended to share anything or because they never physically printed or exchanged images.
Ultimately, these cases often turn on digital evidence rather than eyewitness testimony. We examine who used the device, whether the files were knowingly opened or saved, how they reached the device, and whether anyone else had access to the account, phone, or computer.
In this article, our Denver criminal defense lawyers will discuss the following key issues regarding Colorado child pornography/sexual exploitation laws.
- 1. Elements of C.R.S. 18-6-403
- 2. Penalties
- 3. Defenses
- 4. Federal Law
- 5. Related Crime
- Frequently Asked Questions
- Further Resources
1. Elements of C.R.S. 18-6-403
Colorado law uses the term “sexual exploitation of a child” for prohibited conduct involving sexually exploitative material depicting a child under 18. The material can include:
- printed materials,
- digital or analog photos,
- digital or analog videos, or
- live performances or qualifying realistic digital depictions of an identifiable child.
For Colorado prosecutors to convict you of sexual exploitation of a child, they must prove beyond a reasonable doubt that you knowingly committed at least one prohibited act, such as:
- causing, inducing, enticing, or permitting a child to engage in explicit sexual conduct to make sexually exploitative material;
- preparing, producing, publishing, selling, advertising, distributing, transporting, transferring, or making sexually exploitative material accessible to another person;
- accessing the material with the intent to view it, viewing it, possessing it, or controlling it;
- possessing the material with the intent to sell or distribute it; or
- engaging in prohibited conduct involving an explicit sexual performance by a child.1
We have found that prosecutors frequently rely on technical evidence rather than eyewitness testimony in these cases. Investigators may analyze download histories, internet activity, file locations, metadata, and software settings to argue that someone knowingly possessed or distributed sexually exploitative material.
Early review of that evidence can often reveal important factual and legal defenses we can act on in pursuit of a charge reduction or dismissal.
2. Penalties
Under C.R.S. 18-6-403, the penalty depends on what you allegedly did and whether the material was a still image or a moving image. For possession or viewing offenses, prosecutors may charge a separate count for each legally distinct item.
The following chart summarizes the penalties under C.R.S. 18-6-403:
| Sexual Exploitation of a Child | Colorado Penalties |
| Accessing, viewing, possessing, or controlling a still image | Class 5 felony: One to three years in prison and/or $1,000 to $100,000 |
| Accessing, viewing, possessing, or controlling a video, recording, broadcast, motion picture, or other moving image | Class 4 felony: Two to six years in prison and/or $2,000 to $500,000 |
| Second or subsequent possession or viewing offense | Class 4 felony: Two to six years in prison and/or $2,000 to $500,000 |
| Producing, selling, distributing, or possessing the material with intent to distribute it | Class 3 felony: Four to 12 years in prison and/or $3,000 to $750,000 |
Sexual exploitation of a child is an extraordinary risk crime subject to an increased maximum presumptive sentence when the material depicts:
- a child under 12 years old;
- the actual use of force or violence;
- sexual intercourse;
- sexual intrusion; or
- sadomasochism.
A conviction under C.R.S. § 18-6-403 also requires the defendant to register as a sex offender under Colorado law. Depending on the conviction history and other statutory requirements, some people may later petition a court to discontinue registration.
When the underlying sex offense is a felony, knowingly failing to register is generally a class 6 felony, carrying one year to 18 months in prison and/or $1,000 to $100,000 in fines.2
One thing we regularly explain to clients is that the collateral consequences of a conviction can be just as life-changing as the prison sentence. Registration requirements, restrictions on employment and housing, and the long-term impact on a person’s reputation often become the biggest concerns once someone understands what a conviction can mean.
3. Defenses
Colorado Legal Defense Group has represented thousands of criminal defendants, including people accused of sex offenses. In our experience, the following five defenses may apply to charges under C.R.S. 18-6-403.
- You did not know you possessed the material: Perhaps someone planted the material in your home without your knowledge.
- The material did not depict explicit sexual conduct: Nudity or touching does not automatically qualify. For example, an ordinary image of a parent bathing a child does not constitute erotic nudity or erotic fondling unless it was displayed or performed for overt sexual gratification or stimulation.
- The materials were found during an unlawful search: Perhaps the police acted outside the scope of the search warrant or conducted an unjustifiable warrantless search.
- No one depicted was under 18 years old: Perhaps the people depicted in the pornography just appeared young but were in fact adults.
- A statutory professional exception applied: The possession offense does not apply to licensed physicians, psychologists, therapists, or social workers who possess the material during a bona fide treatment or evaluation program at the treatment or evaluation site. The statute also contains limited exceptions for law enforcement, defense counsel, and court personnel performing their official duties.
It is not a defense to claim child pornography is protected under the First Amendment as free speech. In the 1982 case New York v. Ferber, the U.S. Supreme Court recognized the serious harm that child pornography causes to children’s physical, emotional, and psychological well-being.3
In our experience, these cases are rarely as straightforward as they first appear. We have seen investigations involving shared computers, unauthorized remote access, accidental downloads, corrupted files, and misunderstandings about how certain software automatically stores or shares data. A careful forensic examination by an expert can cast reasonable doubt on whether the defendant knowingly accessed, viewed, possessed, controlled, or distributed the material.
4. Federal Law
Conduct involving child sexual abuse material may also violate federal law when it involves the internet, mail, interstate or foreign commerce, or materials that traveled through interstate commerce. Colorado and federal authorities may prosecute the same conduct under their respective laws without necessarily violating the Double Jeopardy Clause because they are separate sovereigns.4
The potential sentence depends on the federal offense:
- Possession or accessing with intent to view: Generally up to 10 years in federal prison. The maximum may increase to 20 years when the material depicts a prepubescent child or a child under 12. A qualifying prior conviction can result in 10 to 20 years.
- Receipt or distribution: Generally five to 20 years in federal prison. A qualifying prior conviction can increase the sentence to 15 to 40 years.
- Production: A first conviction under 18 U.S.C. § 2251 generally carries 15 to 30 years. One qualifying prior conviction carries 25 to 50 years, while two or more qualifying prior convictions carry 35 years to life.5
There is no parole in the federal prison system. However, eligible prisoners may reduce the amount of time they serve through good conduct credit and, in some cases, other earned-time credits.
5. Related Crime
In Colorado, intentionally giving, transporting, providing, making available, or offering to provide a child to another person for the purpose of sexual exploitation is prosecuted as procurement of a child for sexual exploitation under C.R.S. 18-6-404. This class 3 felony carries four to 12 years in prison and/or a fine of $3,000 to $750,000.
We have seen many cases where people were charged with both sexual exploitation of a child and procurement.
Frequently Asked Questions
Can prosecutors charge me with distribution if I never emailed or texted child pornography to anyone?
Yes, under some circumstances. Colorado law does not require proof that you personally emailed or handed files to another person. Courts have held that knowingly placing sexually exploitative material into folders that are accessible through peer-to-peer file-sharing software can qualify as publishing or distributing under C.R.S. 18-6-403.
This surprises people who assume they cannot face distribution charges because they never intentionally sent a file to another person. We frequently see cases where investigators rely on software settings and forensic evidence to argue that files were automatically available to others.
Does using peer-to-peer file-sharing software automatically make me guilty of distribution?
No. Prosecutors must still prove beyond a reasonable doubt that you knowingly committed every element of the offense. Simply having peer-to-peer software installed is not, by itself, enough to establish criminal liability. However, investigators may argue that knowingly storing files in shared folders demonstrates publication or distribution.6
In our experience, peer-to-peer software is one of the first things forensic examiners analyze. We often focus on whether our client actually understood how the software worked, whether default settings automatically shared files, and whether someone else may have used the computer.
Can police use deleted files or internet cache files as evidence?
Yes. Colorado courts have recognized that internet cache files and other digital artifacts may be used as evidence that someone knowingly viewed or possessed sexually exploitative material. Deleted files, temporary files, and forensic remnants can all become part of a criminal investigation.
Many people mistakenly believe deleting files permanently removes them from a computer. Digital forensic examinations often recover significant amounts of information, which is why these cases usually require careful review by experienced defense counsel and, when appropriate, independent forensic experts.
Can I be convicted if someone else used my computer?
Not automatically. The prosecution must prove that you knowingly possessed, controlled, produced, or distributed the material. If multiple people had access to the computer, phone, tablet, or online account, that may create factual questions about who was actually responsible.
We find that shared devices are common in these investigations. Families, roommates, and coworkers sometimes use the same computers or internet connections. One of the first issues we investigate is whether the prosecution can actually connect the alleged conduct to our client rather than simply to a particular device.
Can accidentally downloading child pornography be a defense?
Possibly. The statute requires a knowing mental state. Accidentally encountering illegal material online or unknowingly downloading a file does not automatically establish criminal liability if the prosecution cannot prove you knowingly possessed or controlled it.
In our experience, knowledge is often one of the most heavily disputed issues. We carefully examine internet histories, search activity, download records, and forensic reports to determine how best to undercut the prosecution’s theory.
Can prosecutors file multiple charges based on multiple images or videos?
Yes. Depending on the circumstances, prosecutors may allege multiple counts based on separate files, different acts of possession, or allegations involving production or distribution. The number of legally distinct items can therefore greatly increase the number of charges and the defendant’s total sentencing exposure.
The charging decisions in these cases can dramatically affect plea negotiations and sentencing exposure. We often spend significant time reviewing exactly how investigators counted files and whether every alleged count is legally supported.
How do police investigate sexual exploitation of a child cases in Colorado?
Investigations commonly involve search warrants for computers, phones, cloud storage accounts, and other electronic devices. Law enforcement frequently relies on specialized digital forensic software, internet service provider records, and information obtained during online investigations, including peer-to-peer network investigations.
From what we have seen, many investigations begin months before anyone is arrested. By the time officers execute a search warrant, they often have already gathered substantial electronic evidence. That makes it especially important to obtain legal advice before answering investigators’ questions.
What happens if I am convicted of sexual exploitation of a child in Colorado?
Sexual exploitation of a child is a felony in Colorado. Depending on the conduct and type of material involved, it is generally a class 3, class 4, or class 5 felony. The ordinary presumptive prison ranges run from one to 12 years, although extraordinary risk sentencing may increase the maximum sentence in certain cases. A conviction also requires sex offender registration and may expose the defendant to a separate felony count for each legally distinct item of material.
Many clients initially focus on prison, but the long-term consequences can be just as serious. We explain that sex offender registration and restrictions affecting employment, housing, education, and personal relationships can follow a person for years. That is why we encourage anyone under investigation to seek legal advice before answering questions or voluntarily consenting to a search.
How do the penalties differ between possessing a few images versus many images?
Knowingly accessing, viewing, possessing, or controlling a still image is generally a class 5 felony, carrying one to three years in prison. The same conduct involving a video or other moving image is a class 4 felony, carrying two to six years. A second or subsequent possession or viewing offense is also a class 4 felony. Producing, distributing, selling, or possessing material with the intent to distribute it is generally a class 3 felony, carrying four to 12 years.
Colorado law no longer raises a possession charge from a class 5 felony to a class 4 felony merely because the defendant possessed more than 20 still images. However, each legally distinct item may support a separate felony count, and videos or other moving images are class 4 felonies.
In our experience, the number and type of files can still have a major effect on the case because prosecutors may charge legally distinct items separately. We carefully review the digital evidence to determine whether files were knowingly accessed or viewed, whether alleged videos were actually playable, whether duplicate files were counted separately, and whether someone else had access to the device or account.
Can I be charged under both Colorado and federal law for the same offense?
Possibly. Conduct involving child sexual abuse material may fall under federal jurisdiction when it involves the internet, mail, interstate or foreign commerce, or materials that traveled through interstate commerce. That does not mean federal charges are automatic.
If both Colorado and federal prosecutors bring charges under their respective laws, the separate sovereigns doctrine generally prevents the two prosecutions from violating double jeopardy. Federal penalties depend on the conduct: Possession may carry up to 10 or 20 years, receipt or distribution generally carries five to 20 years, and production generally carries 15 to 30 years for a first conviction.
We tell clients not to assume that state and federal prosecutors will handle a case the same way or seek the same outcome. Because federal sentencing laws are generally much more severe, it is important to evaluate early whether there is any possibility that federal authorities may become involved and to build a defense strategy accordingly.
What defenses might work against child pornography charges?
Common defenses include showing that you did not knowingly access, view, possess, or control the material; the material did not meet the statutory definition; no actual or identifiable child was depicted as required by the applicable part of the law; another person used the device or account; or police obtained the evidence through an unconstitutional search. A narrow statutory exception may also apply to certain professionals and government personnel performing authorized duties.
In our experience, no two sexual exploitation investigations are exactly alike. Some involve allegations of possession, while others center on complicated questions about digital distribution, peer-to-peer software, or forensic evidence recovered from electronic devices. We tell clients that these cases are highly technical, and careful analysis of the computer evidence is often just as important as understanding the criminal law itself.
Further Resources
If you or someone you know is in immediate danger, contact 911. Otherwise, you can find help and additional information at:
- Colorado Child Abuse and Neglect Hotline Reporting System, Colorado Department of Human Services.
- Resources for Survivors of Sexual Abuse Material, National Center for Missing & Exploited Children (NCMEC).
- Child Sexual Abuse Material (Child Pornography) Resource Toolkit, National Children’s Alliance.
- Commercial Sexual Exploitation of Children, Colorado Children’s Alliance.
- Reporting, Innocent Lives Foundation.
Read our related article about the Colorado Sex Offender Intensive Supervision Program (SOISP).
Legal references:
- C.R.S. 18-6-403 – Sexual Exploitation of a Child – legislative declarations – definitions.
(1) The general assembly hereby finds and declares that the sexual exploitation of children constitutes a wrongful invasion of the child’s right of privacy and results in social, developmental, and emotional injury to the child; that a child below the age of eighteen years is incapable of giving informed consent to the use of the child’s body for a sexual purpose or to the use of all or part of the child’s image to create sexually exploitative material; and that to protect children from sexual exploitation it is necessary to prohibit the production of material that involves or is derived from such exploitation and to exclude all such material from the channels of trade and commerce.
(1.5) The general assembly further finds and declares that the mere possession or control of any sexually exploitative material results in continuing victimization of our children by the fact that such material is a permanent record of an act or acts of sexual abuse of a child; that the creation or the mere possession or control of computer-generated material or digital depictions using all or part of the image of a child in sexually exploitative material results in the victimization of our children; that each time such material is shown or viewed, the child is harmed; that such material is used to break down the will and resistance of other children to encourage them to participate in similar acts of sexual abuse; that laws banning the production and distribution of such material are insufficient to halt this abuse; that in order to stop the sexual exploitation and abuse of our children, it is necessary for the state to ban the possession of any sexually exploitative materials; and that the state has a compelling interest in outlawing the possession of any sexually exploitative materials in order to protect society as a whole, and particularly the privacy, health, and emotional welfare of its children.
(2) As used in this section, unless the context otherwise requires: (a) “Child” means a person who is less than eighteen years of age. (b) (Deleted by amendment, L. 2003, p. 1882, § 1, effective July 1, 2003.) (b.5) “Defense counsel personnel” means any defense attorney lawfully representing a defendant in a criminal case or a juvenile in a delinquency case that involves sexually exploitative material or another individual employed or retained by the defense attorney who performs or assists in the duties relating to the defense of the accused that may involve sexually exploitative materials. (b.7) “Digitization” has the same meaning as in section 18-7-107 (6)(i). (c) “Erotic fondling” means touching a person’s clothed or unclothed genitals or pubic area, developing or undeveloped genitals or pubic area (if the person is a child), buttocks, breasts, or developing or undeveloped breast area (if the person is a child), for the purpose of real or simulated overt sexual gratification or stimulation of one or more of the persons involved. “Erotic fondling” shall not be construed to include physical contact, even if affectionate, which is not for the purpose of real or simulated overt sexual gratification or stimulation of one or more of the persons involved. (d) “Erotic nudity” means the display of the human male or female genitals or pubic area, the undeveloped or developing genitals or pubic area of the human male or female child, the human breasts, or the undeveloped or developing breast area of the human child, for the purpose of real or simulated overt sexual gratification or stimulation of one or more of the persons involved. (e) “Explicit sexual conduct” means sexual intercourse, sexual intrusion, erotic fondling, erotic nudity, masturbation, sadomasochism, or sexual excitement. (e.3) “Identifiable child” means a person who: (I) Was under the age of eighteen at the time a realistic visual depiction of the person was created, produced, or altered or a person whose image is used to create or produce a realistic visual depiction or whose image is altered to be a realistic visual depiction, and who was under the age of eighteen at the time the image was captured; and (II) Is identifiable by virtue of the individual’s face, likeness, or other distinguishing characteristic, including a unique birthmark or other recognizable feature. (e.5) “Law enforcement personnel” means any peace officer, prosecutor, criminal investigator, crime analyst, or other individual who is employed by a law enforcement agency or district attorney’s office and who performs or assists in investigative duties that may involve sexually exploitative materials. (f) “Masturbation” means the real or simulated touching, rubbing, or otherwise stimulating of a person’s own clothed or unclothed genitals or pubic area, developing or undeveloped genitals or pubic area (if the person is a child), buttocks, breasts, or developing or undeveloped breast area (if the person is a child), by manual manipulation or self-induced or with an artificial instrument, for the purpose of real or simulated overt sexual gratification or arousal of the person. (g) “Sadomasochism” means: (I) Real or simulated flagellation or torture for the purpose of real or simulated sexual stimulation or gratification; or (II) The real or simulated condition of being fettered, bound, or otherwise physically restrained for sexual stimulation or gratification of a person. (h) “Sexual excitement” means the real or simulated condition of human male or female genitals when in a state of real or simulated overt sexual stimulation or arousal. (i) “Sexual intercourse” means real or simulated intercourse, whether genital-genital, oral-genital, anal-genital, or oral-anal, between persons of the same or opposite sex, or between a human and an animal, or with an artificial genital. (i.5) “Sexual intrusion” means an intrusion, however slight, by an object or a part of a person’s body, except the mouth, tongue, or penis, into the genital or anal opening of another person’s body if that sexual intrusion can reasonably be construed as being for the purpose of sexual arousal, gratification, or abuse. (j) “Sexually exploitative material” means: (I) A photograph, motion picture, video, recording or broadcast of moving visual images, live stream, print, negative, slide, or other mechanically, electronically, chemically, or digitally reproduced visual material that depicts a child engaged in, participating in, observing, or being used for explicit sexual conduct; or (II) A realistic visual depiction, which has been created, altered, or produced by digitization or computer-generated means, that depicts an identifiable child, in whole or in part, engaged in, participating in, observing, or being used for explicit sexual conduct. (k) “Video”, “recording or broadcast”, or “motion picture” means any material that depicts a moving image of a child engaged in, participating in, observing, or being used for explicit sexual conduct.
(3) A person commits sexual exploitation of a child if, for any purpose, he or she knowingly: (a) Causes, induces, entices, or permits a child to engage in, or be used for, any explicit sexual conduct for the making of any sexually exploitative material; or (b) Prepares, arranges for, publishes, produces, promotes, makes, sells, finances, offers, exhibits, advertises, deals in, distributes, transports or transfers to another person, or makes accessible to another person, including, but not limited to, through digital or electronic means, any sexually exploitative material; or (b.5) Accesses with intent to view, views, possesses, or controls any sexually exploitative material for any purpose; except that this subsection (3)(b.5) does not apply to law enforcement personnel, defense counsel personnel, 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; or (c) Possesses 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 (d) Causes, induces, entices, or permits a child to engage in, or be used for, any explicit sexual conduct for the purpose of producing a performance, or accesses with intent to view or views explicit sexual conduct in the form of a performance involving a child if the conduct in the performance was caused, induced, enticed, requested, directed, or specified by the viewer or potential viewer.
(3.5) A juvenile’s conduct that is limited to the elements of the petty offense of possession of a private intimate image or intimate digital depiction by a juvenile, as described in section 18-7-109 (2), or limited to the elements of the civil infraction of exchange of a private intimate image or intimate digital depiction by a juvenile, as described in section 18-7-109 (3), is not subject to prosecution pursuant to subsection (3)(b) or (3)(b.5) of this section.
(4) (Deleted by amendment, L. 2003, p. 1882, § 1, effective July 1, 2003.)
(5) (a) Except as provided in paragraph (b) of this subsection (5), sexual exploitation of a child is a class 3 felony. (b) Sexual exploitation of a child pursuant to subsection (3)(b.5) of this section is a class 5 felony for each item of sexually exploitative material accessed with intent to view, viewed, possessed, or controlled; except that said offense is a class 4 felony if: (I) It is a second or subsequent offense; or (II) The item accessed with intent to view, viewed, possessed, or controlled is a video, recording or broadcast of moving visual images, or motion picture.
(5.5) Sexual exploitation of a child is an extraordinary risk crime that is subject to the modified presumptive sentencing range specified in section 18-1.3-401 (10) if the sexually exploitative material depicts a child who is: (a) Under twelve years of age; (b) Subjected to the actual application of physical force or violence; or (c) Subject to sexual intercourse, sexual intrusion, or sadomasochism.
(5.7) Notwithstanding section 16-22-113 (3)(c) to the contrary, an adult who has more than one conviction of subsection (3)(b.5) of this section in a single criminal case is eligible to petition for removal from the registry pursuant to section 16-22-113.
(6) If any provision of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.
(7) A juvenile charged with a violation of section 18-7-109 (1) is not subject to prosecution for violation of this section for the same electronic or digital photograph, video, or image arising out of the same criminal episode.
(8) Nothing in this section changes the discovery procedure for sexually exploitative material as described in section 16-9-601.
(9) A prosecution brought pursuant to this section does not require proof of the actual identity of an identifiable child.
(10) When the charged offense involves sexually exploitative material pursuant to subsection (2)(j)(II) of this section, it is not a defense that the defendant lacked knowledge of whether the realistic visual depiction was created, altered, or produced by digitization or computer-generated means. - Same. C.R.S. 18-3-412.5. Colorado SB 25-288. People v. Siegel (Colo. App. Feb. 19, 2026) No. 24CA1568 (unpublished) (holding that C.R.S. 18-6-403(5.7)’s exception applies only when the multiple convictions are for accessing, viewing, possessing, or controlling sexually exploitative material).
- New York v. Ferber (1982) 458 U.S. 747. See also People v. Grady (Colo. App. 2005) 126 P.3d 218; People in Interest of T.B. (Colo. App. 2019) 445 P.3d 1049; People v. Meils (Colo. App.) 471 P.3d 1130; People v. Bachmann (Colo. App. 2024) No. 21CA1322.
- People v. Esch (1989) 786 P.2d 462 (allowing a Colorado prosecution following a federal conviction because the federal and state offenses required different facts and addressed substantially different harms).
- 18 U.S.C. § 2251; 18 U.S.C. § 2252A.
- People v. Robles-Sierra (Colo. App. 2018) No. 15CA0683 (holding that downloading sexually exploitative material into shareable folders accessible through peer-to-peer software constituted publishing and distributing it). Marsh v. People (Colo. 2017) 389 P.3d 100.