Contact Us
    CONTACT US

    Please use the contact form to send us an email - and receive a response within 12 hours.

    Emergency? Call 720-220-2277 (24/7)







    Please leave this field empty.

Map To Our Office
Read Out Blog
Case Evaluation
Charged With A Crime?

Colorado State Child Pornography – Sexual Exploitation of Children – 18-6-403 – Better Than Federal Child Pornography Charges Section 18 – U.S.C. – 2252

By H. Michael Steinberg – Colorado Sex Crimes Criminal Defense Lawyer

Colorado State Child Pornography - Sexual Exploitation of Children - 18-6-403 - Better Than Federal Child Pornography Charges Section 18 - U.S.C. - 2252Colorado State Child Pornography – Sexual Exploitation of Children – 18-6-403 – Better Than Federal Child Pornography Charges Section 18 – U.S.C.-2252 While a prosecution for child pornography (sexual exploitation of a child) under Colorado law is a very serious situation – Colorado’s approach to prosecuting these cases is much more likely to focus on actual public safety issues rehabilitation versus pure punishment. 

On the other hand – Federal Child Pornography charges – like most of the cases prosecuted under federal law and coming under the Federal Sentencing Guidelines – are much more likely to take a black and white “column a – column b” highly punitive approach to those convicted under Federal child pornography laws.

A recent (2014) article by Jordan Steffen of the Denver Post – makes this point well.

The article addresses very different attitudes of prosecutors in Denver Metro counties to cases involving the exact same kinds of evidence. A case involving thousands of images and or videos in the state system is much more like to result in a sentence to probation or community corrections than the same kind of case prosecuted by the Justice Department – US Attorney’s Office in Denver Colorado.

When Is It More Likely The Federal Prosecutors Will Target My Case?

While it is clear that Federal child pornography laws are not only tougher – the sentences are much longer in terms of time actually served, (once sentenced – the offender does an average of at least 85% of the time imposed in federal prison, it is much less likely that a person will be charged in the federal system for child pornography.

Federal cases are typically screened to target only the worst offenders….leading to the vast majority of cases being filed in state of Colorado courts under state of Colorado child pornography laws. As pointed out by Jordan Steffen – “Child pornography convictions have almost tripled in state courts since 2008, but the percent of those people sentenced to prison has dropped from 56 percent of them to 40 percent.”

The sentences of those convicted of possessing child pornography and related crimes under Federal Law have increased substantially over the past 17 years. Today – a conviction for possessing, receiving or distributing child pornography is sentenced to an average of 8 years in a federal prison. In 1997 the sentence was less than 2 years.

Under BOTH systems if one is creating child pornography as opposed to uploading and or sharing it with others – (making a computer available to share it through “peer to peer” networks) one is much more likely to go to state or federal prison.

The Good, The Bad And The Ugly Of Technology And The Internet

The ease of downloading and sharing massive amounts of information in every area of our lives makes viewing child pornography much simpler to those that seek to find it or have had it invade their computer vis a vis “pop ups.” This has created a larger and larger pool of child porn “addicts.”

Child pornography prosecutions at one time were rare and even more rarely charged. Today – the sophistication of law enforcement in tracking down and gathering evidence over the internet has led to massive numbers of arrests based on the high tech tracking technologies.

Federal Laws Versus State Laws Punishing Child Pornography

Federal child pornography laws require the mandatory imprisonment of those indicted and convicted under federal child pornography laws (Click to enlarge chart).

Federal Child Pornogrpahy Sentencing LawsThe federal “one from column A” approach to sentencing users “enhancers” triggered by facts specific to the individual case.. There are sentence enhancers for using a computer to receive or possess the material, for the number of images involved.

 

 

Compare Colorado State Laws For- Sexual Exploitation Of A Child -18-6-403

Here is a summary of Colorado’s Sexual Exploitation of Children – 18-6-403 Law

• Sexual exploitation of a child by possession of sexually exploitative material (Section 18-6-403 (5), C.R.S.) (F-6)

• The second or subsequent offense of sexual exploitation of a child by possession of sexually exploitative material, (F-4)

…or a first or subsequent offense of possession of more than 20 different items qualifying as sexually exploitative material (Section 18-6-403 (5), C.R.S.) (F-4)

• Knowingly causing a child to engage in or be used for explicit sexual conduct or trafficking in sexually exploitative material (Section 18-6-403 (5), C.R.S.) (F-3)

 Colorado Felony Sentencing ChartAs noted above – while the “basic” version of Colorado’s child pornography laws do not carry minimum prison sentences for any child pornography offenses – creating or distributing images carries a maximum sentence of 12 years in prison or if this is a second and subsequent conviction for sexual exploitation.

Colorado Charging More And More Individuals With Child Pornography

According to Colorado criminal bureau statistics – in the year 2013, 246 individuals were convicted for child pornography. Prison was imposed in 40 percent of those cases.

The reason more offenders do not go to jail may be the cost of incarceration – or it may be a greater understanding by judges and district attorneys that shows an understanding of the addiction of those accused to viewing the images.

No Strong Link To Sexual Assault On A Child

One might ask why the focus of sentencing in this area should be less punitive than on actual sexual assaults on children. The reason is that there are no conclusive studies that establish a “causative link” between viewing or possessing child pornography and crimes against children. Furthermore -the research shoes that child pornography offenders have very low instances of repeat offenses (recidivism rates) which means – with treatment – they will NOT go on to commit additional offenses.

Twenty one studies of over 4,464 online offenders found that just 3.4 percent of offenders were rearrested, recharged or re-convicted for a new child pornography offense.

Conclusion

Clearly child pornography is a serious crime. But the focus of prison based punishment should be – as in the punishment of drug offenses – upon the creators of child porn – not the addicts of their products. Reacting with revulsion to this crimes and sentencing based on emotion rather than evidence is not justice and sentences in this area should be individualized, fair, and proportionate while advancing the actual statutory purposes of sentencing – specific and general deterrence, public safety, fair just punishment, and, of course in this area, the rehabilitation of the offender.

Colorado State Child Pornography – Sexual Exploitation of Children – 18-6-403 – Better Than Federal Child Pornography Charges Section 18 – U.S.C. -2252

If you found any information I have provided on this web page article helpful please click my Plus+1 button below so that others may also find it.

Why Do I Need An Experienced Colorado Sex Crimes Criminal Defense Lawyer?

Child Pornography (CRS 18-6-403) is considered a sex offense in Colorado and requires the person who has been convicted of this felony to not only register as a sex offender but to follow serious and very intrusive sex offender “treatment” guidelines mandated by the Colorado Sex Offender Management Board (SOMB).

H. Michael Steinberg has over 30 years of experience in the Colorado Criminal Law area of Colorado sex crimes and punishments not only in Denver, Arapahoe, Douglas, counties but in all of the counties and jurisdictions along the Front Range of Colorado.

Never stop fighting – never stop believing in yourself and your right to due process of law.

ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at hmsteinberg@hotmail.com – A Denver Colorado Sex Crimes Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277.

If you are charged with A Colorado crime or you have questions about the topic of this article – Colorado State Child Pornography – Sexual Exploitation of Children – 18-6-403 – Better Than Federal Child Pornography Charges Section 18 – U.S.C.- 2252, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.

H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 30 years of day to day courtroom experience – specializing in Colorado Criminal Law along the Front Range. He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options. Remember, it costs NOTHING to discuss your case. Call now for an immediate free phone consultation.

Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases.

Contact A Lawyer with Three Decades of Experience as a Denver Criminal Attorney at The Steinberg Colorado Criminal Defense Law Firm today.

Colorado Defense Lawyer H. Michael Steinberg regularly appears and provides solid criminal defense for clients throughout the Front Range of Colorado – including the courts of:

Adams County (Adams County criminal defense lawyer), Arapahoe County (Arapahoe County criminal defense lawyer), City and County of Boulder (Boulder County criminal defense lawyer), City and County of Broomfield (Broomfield County criminal defense lawyer), City and County of Denver (Denver criminal defense lawyer), Douglas County (Douglas County criminal defense lawyer), El Paso County – Colorado Springs (Colorado Springs criminal defense lawyer), Gilpin County (Gilpin County criminal defense lawyer), Jefferson County (Jefferson County criminal defense lawyer), Larimer County, and Weld County ( Larimer and Weld County criminal defense lawyer,….

and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving the subject of this article – Colorado State Child Pornography – Sexual Exploitation of Children – 18-6-403 – Better Than Federal Child Pornography Charges Section 18 – U.S.C.- 2252. 


Other Articles of Interest:

If you found the information provided on this webpage to be helpful, please click my Plus+1 button so that others may also find it.

___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
DTC Quadrant Building
5445 DTC Parkway, Penthouse 4
Greenwood Village, Colorado, 80111
Primary Web Site:  http://www.HMichaelSteinberg.com
Colorado Criminal Law Blog:  www.Colorado-Criminal-Lawyer-Online.com
Main:  303.627.7777
Cell:  720.220.2277
24/7 Pager:  303.543.4433
FAX (Toll Free):  1.877.533.6276
Always investigate a lawyer's qualifications and experience before making a
decision to retain that lawyer or, for that matter, any professional ...in any field.