Understanding Child Pornography Charges
State law aims to protect minors from various forms of exploitation, including appearing in child pornography, which is defined as any sexual depiction of a minor under the age of 18. Put simply, it is illegal to possess, create, or distribute any form of child pornography, including print and digital photos or videos.
"Sexual exploitation of a child" is the state-level criminal charge that is generally pursued when someone knowingly possesses or controls any amount of child pornography. It also covers situations where a person induces, entices, or permits a child to engage in or be used for explicit sexual conduct to produce child pornography.
The severity of the charge and the corresponding penalties depend on the number of items of explicit material involved and the nature of the offender’s interaction with it. Because child pornography frequently crosses state lines, an alleged offender may also face federal charges.
What Is Considered “Sexual Assault on a Child” in Colorado?
In the state of Colorado, “sexual assault on a child” is a specific criminal charge that refers to an act where a person knowingly subjects a minor under the age of 14 to any sexual contact when the alleged perpetrator is at least four years older than the victim. It is important to note that “sexual contact” is not limited to intercourse and includes any form of sexual contact. Sexual contact is defined as any touching of the victim’s intimate parts (or compelling the victim to touch the perpetrator’s intimate parts) for the purpose of sexual arousal, gratification, abuse, or humiliation.
Consent is not a valid defense in these cases, given the age of the victim. Even if the minor willingly participates in the act, the law considers them incapable of giving consent.
These charges are among the most serious an individual can face, but these cases are not always as straightforward as they may first appear. Children can easily become confused and misinterpret or embellish events, especially if they are being influenced by a disgruntled spouse or parent. Something as innocent as a “tickle fight” between a parent and child could potentially be distorted and misrepresented.
No matter the scenario, you should not wait to get in touch with our Colorado Springs child sexual assault attorneys if you are facing these charges. Sexual assault on a child is considered a class 4 felony in Colorado, and penalties can include up to 6 years of prison time, fines of up to $500,000, and mandatory sex offender registration for life. An individual accused of this crime could face class 3 felony charges if the act allegedly involved physical force or threats of force. Punishments in these instances include up to 12 years of prison time and fines of up to $750,000.
Understanding Child Prostitution Charges in Colorado
All forms of prostitution are illegal throughout Colorado. The state also enforces two specific crimes involving the prostitution of minors.
“Child prostitution” involves any sexual act performed by a minor as a result of an exchange of money, goods, services, or anything else of value. This encompasses a wide range of sexual conduct, extending beyond intercourse to include any sexual act committed for the purpose of sexual arousal or gratification. In other words, paying someone (with money or other items) under the age of 17 for any sort of sexual act can trigger child prostitution charges.
“Pimping of a child” involves someone knowingly living off or being supported by the earnings of a child's prostitution. This law is designed to punish those who exploit minors through prostitution, often for financial gain. A person can be charged with “pimping of a child” even if they are not directly involved in the act of prostitution. Merely benefiting from the act is sufficient.
Both “child prostitution” and “pimping of a child” are class 3 felonies under Colorado law, carrying severe penalties including substantial prison sentences and hefty fines. You should not wait to discuss your defense options with our Colorado Springs child sexual assault lawyers if you are facing either of these charges.
Set up an initial consultation with our office today. Discuss your case with our Colorado Springs Lawyers at
(719) 212-2448 or complete our contact form.
Colorado Springs Child Sexual Assault Attorneys
Seasoned Defense Representation for Those Accused of Sex Crimes Involving Minors
In Colorado, sex crimes involving minors are aggressively prosecuted and come with serious consequences. The state deems the protection of minors a priority and, therefore, enforces harsh penalties for these crimes to deter potential offenders. A conviction can lead to substantial prison sentences, hefty fines, and mandatory registration as a sex offender.
If you have been accused of any crime involving a minor, you should not wait to discuss your case with our Colorado Springs child sexual assault lawyers at The Gasper Law Group. We recognize what is at stake and will work to protect your interests throughout the legal process. After assessing your unique circumstances, our team can walk you through realistic potential strategies and outcomes and recommend an approach that puts you in the best possible position.
Put experienced legal advocates on your side. Schedule a free initial consultation today by calling (719) 212-2448 or contacting us online.
Should I Take a Plea Deal or Go to Trial?
The stakes are unimaginably high when you are charged with a sex crime involving a minor. Deciding whether to go to trial versus accepting a plea deal can be extremely difficult, especially if you are confident that you are innocent. Our team at The Gasper Law Group will work closely with you to assess the pros and cons of each path forward and help you make the most advantageous decision available.
If the prosecution's evidence is compelling and extensive, going to trial might result in a conviction and the full penalties under the law. In such scenarios, accepting a plea bargain might lead to a reduced sentence, potentially saving the defendant from the most severe consequences. However, it is important to understand that a plea deal is an admission of guilt and will lead to a criminal record. You will likely be required to register as a sex offender. Sex crimes also carry a significant social stigma, and pleading guilty can impact your personal relationships, professional life, and standing within your community.
On the other hand, if there are significant doubts about the prosecution's evidence or the legality of the methods used to collect it, going to trial might be the better option. We have a history of successfully advocating for clients charged with sex crimes involving minors. Our Colorado Springs child sexual assault attorneys understand what is needed to obtain a conviction and will leverage that knowledge to weaken or dismantle the prosecution’s case.
No matter what, our goal is to secure the best possible outcome. We will always be realistic when discussing your options and provide tailored advice on what strategy is likely to produce the most beneficial results.
With so much at stake, these charges demand a comprehensive defense. Contact us online or call (719) 212-2448 today.
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