Laws Pertaining to Sexting in the State of Colorado

Currently, the State of Colorado does not have a Coloradoseparate statute that addresses sexting amongst minors. Therefore, in Colorado, creating, distributing or possessing an image of a minor engaged in sexual conduct may result in felony charges of sexual exploitation of a minor. Convictions under the sexual exploitation of a minor statute could result in jail time and registering with the State as a sexual offender.

Legislative Summary

In general, under Colorado law it is a felony to create, possess or distribute an image of a child engaged in a sexually activity. If an individual is convicted under the statute they could receive jail time as well as have to register as a sex offender. It should be noted that under Colorado law, possession, distribution and production of child pornography are each in and of themselves separate felony offences.

Law and Punishment

In general, it is a felony crime in Colorado to:

  • Cause, induce, entice, or permit a child to engage in, or be used for, any explicit sexual conduct for the making of any sexually exploitative material; or
  • Prepare, arrange for, publish, including but not limited to publishing through digital or electronic means, produce, promote, make, sell, finance, offer, exhibit, advertise, deal in, or distribute, including but not limited to distributing through digital or electronic means, any sexually exploitative material; or
  • Possess or control any sexually exploitative material for any purpose
  • Possess 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
  • Cause, induce, entice, or permit a child to engage in, or be used for, any explicit sexual conduct for the purpose of producing a performance.

A conviction for distribution or production could result in a 12 year prison term and possession could result in an 18 month prison term for a first offense.

sobering reality

Charged with a felony.

Up to 12 year for production.

Up to 18 months for possession (for first offense).

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