Colorado Child Pornography Defense Attorney
Facing sexual exploitation of a child charges in Colorado, especially when you’ve been falsely accused, is a devastating and life-altering experience. From the moment an accusation is made, your career, relationships, and reputation are at risk. When everything is at stake, who do you turn to? Robinson & Henry criminal defense attorneys understand the immense challenges you’re facing, and we’re here to provide a strategic and compassionate defense.
Why Choose Robinson & Henry?
Former Prosecutors on Your Side—Many of our attorneys have worked as prosecutors, which gives us special insight into how the district attorney’s office builds its case against you and helps us create agile defense strategies.
Accessible Representation Across the Front Range—Our team is available to handle cases in state and federal courts along Colorado's Front Range, including Adams, Arapahoe, Boulder, Denver, Douglas, El Paso, and Jefferson Counties.
Proven Track Record—Our history of successful outcomes is built on 70+ years of combined experience and is a testament to our dedication to protecting our clients’ rights.
Colorado Child Pornography Charges and Penalties
Colorado Law on Sexual Exploitation of a Child Charges
In Colorado, charges for the sexual exploitation of a child fall under C.R.S. 18-6-403. This statute primarily targets individuals who knowingly possess, control, create, or share child sexual abuse material (CSAM). Colorado law refers to CSAM as "sexually exploitative material" and defines it as anything depicting a child engaged in explicit sexual conduct, including "erotic nudity" for the sexual gratification.
Related child pornography charges can include:
Procurement of a Child for Sexual Exploitation - an act that facilitates the sexual exploitation of a child C.R.S. 18-6-404
Sexual Exploitation of a Child - knowingly cause, encourage, or permit a child to engage in explicit sexual conduct for sexually exploitative material C.R.S. 18-6-403
Solicitation to Commit Sexual Exploitation of a Child - request, encourage, or attempt to persuade an adult or child to commit sexual exploitation of a child C.R.S. 18-6-403, C.R.S. 18-2-301
Internet Sexual Exploitation of a Child - knowingly communicate with someone under 15 to entice them to show or touch their intimate parts or observe the actor’s intimate parts (the actor must be at least four years older than the child) C.R.S. 18-3-405.4
Internet Luring of a Child - knowingly communicate with someone under 15, describe explicit sexual conduct, and invite the child to meet them (the actor must be at least four years older than the child) C.R.S. 18-3-306
Promotion of Obscenity to a Minor - knowingly promote or possess with intent to promote obscene material to a minor, or be involved with an obscene performance that involves a child C.R.S. 18-7-102
Computer Dissemination of Indecent Material to a Child - knowingly use a computer to send out indecent material to someone believed to be a child, intending to entice the child into sexual acts C.R.S. 13-21-1002
Additional charges may include pandering of a child and keeping a place of child prostitution, among others.
The charges range from class 6 to class 3 felonies. How you’re charged depends on various factors, such as the nature of the material, the child's age, and the quantity of the material.
Penalties for Sexual Exploitation of a Child
Penalties for child pornography are severe in Colorado and can include:
significant prison terms,
mandatory sex offender registration,
and sometimes indeterminate sentences.
If you have a prior conviction for a similar offense, you could be tried as a habitual sex offender against children. This designation results in a mandatory enhanced sentence, at least three times the upper limit of the presumptive range for the felony class.
A Child Pornography Defense Lawyer Can Help You Limit These High-Stakes Professional & Personal Fallout
Professional Consequences
Even without a conviction, sexual exploitation of a child charges lead to lasting professional harm. Your credibility in your field can be eroded entirely. Your employer may suspend or terminate you immediately, especially if you work with children and vulnerable individuals.
Licensed professionals (e.g., teachers, doctors, nurses, therapists, childcare providers, social workers, clergy, law enforcement, attorneys) face immediate action from their professional boards. An arrest or initial charges can lead to suspended, revoked, or severely restricted licenses, often permanently, even without a conviction.
Professional colleagues, associations, and networks will likely distance themselves from you.
Financial Toll
The combination of lost income and the inability to secure comparable future employment can lead to severe financial distress, bankruptcy, and loss of professional assets or retirement savings.
Reputational Harm
The mere accusation of such a crime can permanently tarnish your reputation. This stigma is challenging, if not impossible, to overcome, affecting your community and family relationships. False accusations can follow you for the rest of your life.
Crafting a Strong Child Pornography Defense in Colorado
Successfully defending against child pornography cases requires a meticulous and strategic approach. Our criminal defense attorneys scrutinize every aspect of the prosecution’s case to build the strongest possible defense.
Challenge the Evidence
Our criminal defense attorneys will thoroughly investigate how law enforcement obtained the evidence in your case. We will:
question the legality of search warrants,
assess whether the scope of those warrants was properly adhered to,
and verify that all procedures were followed when handling digital devices.
We may be able to suppress evidence if police violate your rights or engage in other police misconduct.
Illegal Search and Seizure Defense
The Fourth Amendment of the U.S. Constitution protects people from unreasonable searches and seizures. If law enforcement violated the Fourth Amendment to obtain the evidence used against you, the evidence collected illegally cannot be used at trial.
Typical situations of Fourth Amendment violations include:
lack of a warrant,
no probable cause,
no consent to search,
an invalid warrant or one that exceeded its scope.
Entrapment Defense
If police enticed you to commit the offense using methods that created a substantial risk of inducing an otherwise law-abiding person, we may be able to raise an entrapment argument under C.R.S. 18-1-709.
How We Measure Success in a Sexual Exploitation of a Child Case
Depending on the specific circumstances of your case, the definition of “success” can vary. At Robinson & Henry, we measure our success by whether we obtain the best possible outcome for our client.
Acquittal or Dismissal
The stronger of the two is acquittal, as it provides more legal protection. A not guilty verdict means you can’t be tried again because the prosecution failed to prove guilt beyond a reasonable doubt. In a dismissal, the prosecutor or court drops the charges due to insufficient evidence, procedural errors, or an agreement. The best criminal defense attorney will set realistic expectations for you based on the facts of your case.
Plea Bargain
Due to the severity of the charges, success can mean negotiating a lesser charge. We may be able to work with the prosecutor to reduce the charges to a misdemeanor instead of a felony or a lower-class felony, substantially decreasing the sentencing range and potentially avoiding sex offender registration.
Deferred Judgment and Sentence (DJ&S)
This legal mechanism in Colorado permits a defendant to plead guilty to the charge but postpone formally recording a judgment and imposing a sentence while probation is completed. If probation and all other conditions set by the court are completed, the guilty plea is withdrawn and the charge is dismissed. In this situation, you can effectively avoid a conviction for the original offense.
Lenient Sentencing
In situations where a conviction is unavoidable, a child pornography lawyer will do their best to secure the most lenient sentence possible. This can involve:
Probation instead of incarceration
Shorter period of incarceration
Alternative sentencing, such as treatment-based programs
We will also look to minimize other negative impacts. While challenging, this might include advocating for solutions that protect professional licenses or mitigating the effects on future employment prospects outside of sex offender registration.
Start Building Your Defense - Contact a Colorado Child Pornography Defense Attorney
An experienced child pornography defense attorney will carefully weigh all aspects of your case. This includes the strengths and weaknesses of the available evidence, the potential penalties, and our in-depth knowledge of local district attorneys and judges. As former prosecutors, our team’s comprehensive understanding allows us to advise clients on the most beneficial path forward. Whether that involves strategically negotiating a plea bargain or proceeding to a robust defense at trial, our firm prides itself on a strong record of success in achieving favorable outcomes through negotiation and courtroom advocacy.
Navigating charges related to child sexual exploitation requires a highly skilled and strategic defense. Don't face these complex legal battles alone. Book a confidential consultation with a Robinson &Henry child pornography defense lawyer to discuss the specifics of your case. Don’t wait. Get expert guidance tailored to your situation.
