Internet Sexual Exploitation of a Child Criminal Defense Attorneys in Colorado

Have you been charged with the crime § 18-3-405.4 Internet Sexual Exploitation of a Child? This is a serious charge and demands immediate legal representation and guidance. The Law Offices of Decker & Jones know how to successfully defend a §18-3-405.4 Internet Sexual Exploitation of a Child charge in the State of Colorado to protect your innocence.

What to do if Charged?

1. Do not contact the accuser

You may be tempted to contact the accuser to try and resolve the issue directly. Do not contact the accuser. All correspondence before and after the incident can and will be used against you. A lawyer should be representing you in all stages to ensure that nothing hurts the defense case.

2. Do not destroy evidence

You may think that destroying any evidence in your possession will help your defense case. However tampering with evidence will almost always backfire against the defendant. Prosecutors have many resources to recover evidence that you think has been completely destroyed. When the evidence is presented in negotiations or at trial, it will make you look more guilty if you tried to destroy it beforehand. Tampering with evidence is also a crime in itself, which can be added on top of the sentence you could receive for Internet Sexual Exploitation of a Child

3. Contact an experienced attorney

When you are charged with Internet Sexual Exploitation of a Child, it is critical to exercise your right to an attorney. Your life is on the line and The Law Offices of Decker & Jones are prepared to defend your case. Contact us immediately at 303-573-5253 – even if you have not been charged yet. You need a defense team working in your corner to combat the prosecution ASAP.

The Basics Of § 18-3-405.4 Internet Sexual Exploitation of a Child

See below to read the law pertaining to § 18-3-405.4 Internet Sexual Exploitation of a Child

The Law

Reference the definitions from § 18-3-405.4 for details on the terminology

Definitions

Decker & Jones will help you understand how the law pertains to your case

Contact Us

§ 18-3-405.4

(1) An actor commits internet sexual exploitation of a child if the actor knowingly importunes, invites, or entices through communication 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 under fifteen 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; or

(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.

(2) Deleted by Laws 2009, Ch. 343, § 1, eff. July 1, 2009.

(3) Internet sexual exploitation of a child is a class 4 felony.

§ 18-3-401 Definitions

As used in this part 4, unless the context otherwise requires:

(1) “Actor” means the person accused of a sexual offense pursuant to this part 4.

(1.5) “Consent” means cooperation in act or attitude pursuant to an exercise of free will and with knowledge of the nature of the act. A current or previous relationship shall not be sufficient to constitute consent under the provisions of this part 4. Submission under the influence of fear shall not constitute consent. Nothing in this definition shall be construed to affect the admissibility of evidence or the burden of proof in regard to the issue of consent under this part 4.

(1.7) “Diagnostic test” means a human immunodeficiency virus (HIV) screening test followed by a supplemental HIV test for confirmation in those instances when the HIV screening test is repeatedly reactive.

(2) “Intimate parts” means the external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person.

(2.4) “Medical-reporting victim” means a victim who seeks medical treatment services following a sexual assault but who elects not to participate in the criminal justice system at the time the victim receives medical services.

(2.5) “Pattern of sexual abuse” means the commission of two or more incidents of sexual contact involving a child when such offenses are committed by an actor upon the same victim.

(3) “Physically helpless” means unconscious, asleep, or otherwise unable to indicate willingness to act.

(3.5) One in a “position of trust” includes, but is not limited to, any person who is a parent or acting in the place of a parent and charged with any of a parent’s rights, duties, or responsibilities concerning a child, including a guardian or someone otherwise responsible for the general supervision of a child’s welfare, or a person who is charged with any duty or responsibility for the health, education, welfare, or supervision of a child, including foster care, child care, family care, or institutional care, either independently or through another, no matter how brief, at the time of an unlawful act.

(4) “Sexual contact” means:

(a) The knowing touching of the victim’s intimate parts by the actor, or of the actor’s intimate parts by the victim, or the knowing touching of the clothing covering the immediate area of the victim’s or actor’s intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse;

(b) The knowing emission or ejaculation of seminal fluid onto any body part of the victim or the clothing covering any body part of the victim; or

(c) Knowingly causing semen, blood, urine, feces, or a bodily substance to contact any body part of the victim or the clothing covering any body part of the victim if that contact with semen, blood, urine, feces, or a bodily substance is for the purpose of sexual arousal, gratification, or abuse.

(5) “Sexual intrusion” means any intrusion, however slight, by any object or any part of a person’s body, except the mouth, tongue, or penis, into the genital or anal opening of another person’s body if that sexual intrusion can reasonably be construed as being for the purposes of sexual arousal, gratification, or abuse.

(6) “Sexual penetration” means sexual intercourse, cunnilingus, fellatio, anilingus, or anal intercourse. Emission need not be proved as an element of any sexual penetration. Any penetration, however slight, is sufficient to complete the crime.

(7) “Victim” means the person alleging to have been subjected to a criminal sexual assault.

Free Legal Consultation Regarding Charge § 18-3-405.4 Internet Sexual Exploitation of a Child

To benefit from nearly three decades of combined legal experience at Decker & Jones, simply fill out the form below or call our Denver or Golden offices at 303-573-5253.

You will receive a call back within two hours and you will speak to a lawyer on the same business day.




    The use of the internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

    Image
    Image

    No words can express how thankful I am

    “In August 2019 I started my case with the firm under a different attorney. Due to an unforeseen departure of this attorney I was put in touch with Dan Katz. I felt 100% at ease about the outcome of my situation after our first conversation. We have reached the outcome of my case and I could not be more pleased. I felt right away he had my best interest in mind, and that he would do whatever was needed to get the best outcome all around. The Universe was on my side when pairing me with Mr. Katz and no words can express how thankful I am to have had him on my side! Thank you, Mr. Katz!” – Christine
    More Testimonials

    Free Legal Consultation Call 303-573-5253

    We understand the urgency. You will speak to a lawyer on the same business day as your call.
    Contact