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Feb 02

Colorado Sexual Exploitation – Child Pornography Lawyer

Federal money has made its way into the coffers of Colorado district attorney’s offices to locate and prosecute even the most naive of Internet pornography participants.

No one questions the need to protect children exploited all over the world in ways that make all of us angry to the point of aggression – but in the sweep of massive “sting” operations such as Douglas County’s most recent press to prosecute cases of sexual exploitation and child pornography – young people – unaware of the seriousness of their actions – are also swept up and their lives ruined.

Sexual Exploitation - Child Pornography Cases

Colorado Sexual Exploitation – Child Pornography Cases

 

In a recent “9WANTS TO KNOW” expose – the special Douglas County Sheriff’s Office task force that was the focus of the report – was highlighted as using a new “social network tool” to catch – what the Channel 9 calls “online predators.”

The report speaks to how Douglas County Colorado law enforcement – was “overwhelmed by the sheer number of people in Colorado sharing and trading child pornography.”

A well respected Deputy District Attorney Christopher Gallo – the DA assigned to Special Victims’ Unit (SVU) of the 18th Judicial District said. “It’s everywhere. .. and it is mind blowing”

The Colorado Sexual Exploitation – Child Pornography – Dillemma

I agree in only one respect – what is mind blowing is the ignorance of these young men – many of whom I have represented and and continue to represent all over Colorado – whose addiction to Internet pornography has led such agencies as the Douglas County Internet Crimes Against Children Task Force (ICAC) to focus on them.. while seemingly ignoring the more difficult targets – the actual makers and manufacturers of the child pornography.

Instead of focusing on helping these young men understand the impact of their alleged crimes on the children in the stills and the videos – the “SVU unit” prosecutes them to the fullest extent of the law. Even a misdemeanor conviction – what might be considered a reasonable plea bargain – destroys any future these young men may have.

Who Are Thet Targeting Here?

“This is scary, scary stuff,” Lt. Kevin Duffy, who oversees the ICAC unit, said. “When law enforcement officers who are used to dealing with this type of stuff every day are cringing at some of the things they’re seeing and some of the things they’re having to deal with, people need to take notice.”

Peer to Peer Networks – The Trap – Like Shooting Fish In A Barrel

The secret weapon used by Douglas and other sheriffs is the use of  so called “peer-to-peer file-sharing networks” Originally intended for the sharing of music – these networks – have been adapted to share pornography of all types. The sharing is often PASSIVE  meaning that the software opens windows into other people’s computers and allows for the passive sharing of information in folders on each other’s hard drives.

DA Gallo makes this point: “It’s about as easy as downloading music from the Internet,” Gallo said. “It can be shared again and again and again. So it’s a continuum of that child being perpetrated on.”

Not wanting to rain on their parade as the see themselves doing the “job of angels,” what really is occurring here – is they are busting the equivalent of street users of meth or other addictive drugs while ignoring the drug dealers in far away places or in filing suit to shut down the ISP – the internet service providers that allow the child pornography indusry to thrive.

The police admit in their interviews- that “children are being abused and photographed in Colorado” but that the  manufacturers are harder to track down than the people looking at the pictures.”

I agree – but harder does not mean impossible.  So stop the effort to shoot the fish in the barrel and focus on the “harder” targets inthe state – the manufacturers of child pornography . click over here. and stop ruing the lives of the young men who become addicted to these awful images.

No one argues that the task force is incorrect when they say “every time the picture is viewed, the child is re-victimized.” What this grab for publicity fails to comprehend – is that even more lives are ruined when naive – immature – uneducated – and just “:stupid” kids get caught up in something they do not understand. These young people have the “tag” sex offender hung on them for life – all because of an addiction that most likely started with downloading “legal” pornography.

So while law enforcement pats themselves on their backs for shooting these fish – I hope these detectives and district attorneys are looking at their sons on the laptops in the next room and making sure they are not swept up in the wide net that has been cast.

“Sometimes the right thing is probation for them, the special probation that all sex offenders go on. And sometimes it’s go to prison for life,” Gallo said. “If they can be treated, if they can be contained, if they can be safe, then they go on probation and the can contribute to the community.”

These kids can be treated Mr. Gallo – but as for contributing to the community?  That’s kinda hard when you are labeled a Coloradosex offender.

 

Sexual Exploitation – Child Pornography – 18-3-405.4. Internet Sexual Exploitation of a Child.

An actor commits Internet sexual exploitation of a child if the actor 1) knowingly importunes, invites or entices through communication 2) via a computer network or system, telephone network or data network or by a text message or instant message, a person whom the actor knows or believes to be 3) under 15 years of age and at least four years younger than the actor, to:

(a) Expose or touch the person’s own or another person’s intimate parts while communicating with the actor via a computer network or system, telephone network or data network or by a text message or instant message

(b) Observe the actor’s intimate parts via a computer network or system, telephone network, or data network or by a text message or instant message

Sexual Exploitation of a Child  Children is a Class 4 felony in most instances – but it can be charged as a lower – Class 6 felony.

For the story and video – go to http://www.9news.com/news/article/182070/339/Mind-blowing-number-with-child-porn-in-Colo

Please call our law firm if you have questions about ..

Sexual Exploitation – Child Pornography Issues

H. Michael Steinberg has been a Colorado criminal law specialist attorney for 30 years (as of 2012). For the First 13 years of his career, he was an Arapahoe – Douglas County District Attorney Senior  prosecutor. In 1999 he formed his own law firm for the defense of Colorado criminal cases.

In addition to handling tens of thousands of cases in the trial courts of Colorado, he has written hundreds of articles regarding the practice of Colorado criminal law and frequently provides legal analysis on radio and television, appearing on the Fox News Channel, CNN and Various National and Local Newspapers and Radio Stations.  Please call him at your convenience at 720-220-2277

If you have questions about Colorado sexual exploitation – child pornography issues in the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg will be pleased to answer those questions and to provides quality legal representation to those charged in Colorado adult and juvenile criminal matters.

In the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg provides quality legal representation to those charged in Colorado adult and juvenile criminal matters… as regards sexual exploitation – child pornography cases.


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