Possessing child pornography is an extremely serious offense with harsh punishments in Colorado. It is easy to download movies, videos and photographs through file sharing programs online. Some of the files that get shared contain illegal images, such as depicting underage children in sexual poses. It is extremely difficult for the sites to monitor what gets exchanged so law enforcement agencies have undercover officers try to obtain these files. When officers do discover these illegal images, they will obtain a search warrant to seize electronic devices and make an arrest. Often times there is no warning and we have had cases where the individual downloaded illegal images three months prior to law enforcement breaking down their door, seizing their electronics and making an arrest.
If anyone has in their possession sexually exploitative material concerning an individual under the age of 18, they are possessing child pornography, a class six felony. If these files are stored in a file sharing program where other users can access these files, this constitutes the legal definition of distribution of sexually exploitative material, a class three felony. The statute controlling child pornography is broad and if someone is involved in the production, distribution, financing, or advertising of child pornography they are looking at unbelievably harsh consequences, including an indeterminate prison sentence. Anyone convicted of possessing, distributing or producing sexually exploitative images or videos will be required to register as a sex offender.
If you are facing these charges it is essential to contact a criminal lawyer who has experience handling these cases. An attorney can guide you through this process, explain your options, review the police conduct to ensure your rights were respected and fight for a fair resolution, many times seeking an acquittal from a jury comprised of members of our community. Prosecutors often overcharge individuals where no legal factual basis exists for the charges. Police get things wrong. If you have been contacted by police politely decline to make any statements at that time.
Steven Louth has been practicing criminal law for over twenty five years, serving as a prosecutor for eight years before starting his private practice. Mr. Louth understands how prosecutors view these cases and what it takes to successfully defend an individual from these charges. Mr. Louth knows your future is at stake. Steven Louth Law Offices has offices in Boulder and Denver and provides representation to individuals across Colorado. Reach out to our attorneys for a free consultation.