Breckenridge Child Pornography Defense Attorneys
Breckenridge Lawyers Defend Against Child Pornography Charges
The internet is an incredible tool, granting access to vast amounts of knowledge and media from across the globe in the span of mere seconds. However, it can also serve as a platform for harmful and illegal activities, including the proliferation of child pornography.
Individuals who are not vigilant about the content they access or share online may inadvertently find themselves facing severe criminal charges related to child pornography. And these charges carry significant legal consequences, so the need for skilled legal representation becomes self-evident.
At Whitaker & Penix, LLC, we are dedicated to upholding your constitutional right to counsel. The right to a fair trial is a cornerstone of the American justice system, and our commitment is to ensure that every defendant can exercise this right effectively.
With more trial experience than other attorneys who haven’t seen a courtroom in years, our Breckenridge sex crime defense lawyers are uniquely equipped to provide a robust defense, holding the criminal justice system accountable at every turn.
Contact Whitaker & Penix, LLC, at (970) 368-0602 to protect your rights and begin building your defense today.
Understanding Criminal Charges Related to Child Pornography
It’s important to understand that child pornography charges in Colorado do not fall under a single, specific statute. Instead, various actions related to child exploitation can lead to charges under multiple Colorado Revised Statutes (CRS).
CRS § 18-6-403: Sexual Exploitation of a Child Under 18
Under CRS § 18-6-403, sexual exploitation of a child involves the possession, distribution, or production of sexually explicit material involving a minor. This statute is one of the most applied laws in child pornography cases and covers a wide range of conduct, from viewing such materials to actively producing or sharing them.
This statute covers activities such as downloading or viewing child pornography, sharing explicit images involving minors, or producing and distributing content that exploits children sexually.
Sexual exploitation of a child is classified as a felony in Colorado. Depending on the specific circumstances, a conviction can result in up to 12 years of imprisonment, fines as high as $750,000, and the lifelong stigma of being listed on the sex offender registry. The impact of such a conviction extends far beyond legal penalties, affecting future employment opportunities, personal relationships, and overall quality of life.
CRS § 18-6-404: Procurement of a Child for Sexual Exploitation
The crime of procurement under CRS § 18-6-404 involves recruiting, enticing, or obtaining a child for the purpose of sexual exploitation. This statute targets those who actively seek out children to exploit or are involved in illegal activities related to child pornography.
This can include persuading or coercing a child to engage in sexually explicit conduct or arranging for a child to participate in such activities, whether for personal use or distribution.
Procurement for sexual exploitation is a felony, and convictions carry severe penalties, including prison sentences of up to 12 years and fines of up to $750,000. Additionally, those convicted face long-term consequences such as mandatory registration as a sex offender, which can significantly hinder personal and professional opportunities.
CRS § 18-3-405.4: Internet Sexual Exploitation of a Child
CRS § 18-3-405.4 specifically addresses offenses that occur online where an individual uses electronic communication to exploit a child sexually. The internet’s anonymity can sometimes embolden individuals to engage in illegal activities they might otherwise avoid, leading to serious charges.
This statute encompasses activities such as soliciting explicit images from a minor, attempting to arrange meetings with a child for illegal purposes, or engaging in sexually explicit conversations with minors online.
As a felony, internet sexual exploitation of a child carries significant legal consequences, including imprisonment of up to 6 years, fines amounting up to $50,000, and mandatory registration as a sex offender. The ramifications of a conviction under this statute are long-lasting, affecting every aspect of the defendant’s life.
What You Should Know About the Sex Offender Registry
The sex offender registry is a state-managed database that tracks individuals convicted of sex-related crimes, including those related to child pornography. Being added to this registry is a requirement for anyone convicted under the statutes mentioned above.
The social stigma associated with being a registered sex offender is profound. It can lead to restrictions on where you live, work, and even whom you associate with. Regular reporting requirements also place additional burdens on those listed. The long-term effects include significant challenges in securing employment, housing, and maintaining personal relationships.
Common Defenses Against Child Pornography-Related Crimes
A common defense is demonstrating that the defendant lacked intent or knowledge of the illegal content. For example, this defense could be effective if the material was unknowingly downloaded or accessed without being aware of its nature.
If the evidence was obtained through an unlawful search or seizure, it might be possible to have it excluded from the case, which could lead to the dismissal of charges. The accused may have been mistakenly identified as the perpetrator in some cases. Proving an alibi or providing evidence that the defendant was not involved can be a strong defense. Sometimes, individuals are falsely accused of these crimes. Addressing fabricated or incorrect accusations requires thorough investigation and effective legal representation.
Contact Our Summit County Sex Crime Defense Attorneys For Aggressive Legal Help
If you have been accused of child pornography-related crimes, contacting a Breckenridge criminal defense attorney is advisable. At Whitaker & Penix, LLC, we provide aggressive defense strategies to protect your rights and achieve the best possible outcome.
Call (970) 368-0602 to discuss your case with our Breckenridge child pornography defense lawyers today.