Colorado criminal charge
Sexual exploitation of a child in Colorado
Sexual exploitation of a child is a criminal offense under Colorado law, defined by C.R.S. § 18-6-403. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-6-403.
What is the penalty for sexual exploitation of a child in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 4 years to 12 years (Sexual exploitation of a child - general offense — Applies to sexual exploitation of a child under subsection (3)(a), (3)(b), (3)(c), or (3)(d), except as otherwise provided for accessing/viewing/possessing/controlling material under (3)(b.5).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 3000 usd to 750000 usd (Sexual exploitation of a child - general offense — Applies to sexual exploitation of a child under subsection (3)(a), (3)(b), (3)(c), or (3)(d), except as otherwise provided for accessing/viewing/possessing/controlling material under (3)(b.5).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Sexual exploitation of a child - general offense — Applies to sexual exploitation of a child under subsection (3)(a), (3)(b), (3)(c), or (3)(d), except as otherwise provided for accessing/viewing/possessing/controlling material under (3)(b.5).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 1 years to 3 years (Sexual exploitation of a child - access/view/possess/control (base) — Applies to a violation of (3)(b.5) (accessing with intent to view, viewing, possessing, or controlling sexually exploitative material), charged for each item, unless the enhancement conditions in (5)(b)(I) or (5)(b)(II) apply.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Sexual exploitation of a child - access/view/possess/control (base) — Applies to a violation of (3)(b.5) (accessing with intent to view, viewing, possessing, or controlling sexually exploitative material), charged for each item, unless the enhancement conditions in (5)(b)(I) or (5)(b)(II) apply.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Sexual exploitation of a child - access/view/possess/control (base) — Applies to a violation of (3)(b.5) (accessing with intent to view, viewing, possessing, or controlling sexually exploitative material), charged for each item, unless the enhancement conditions in (5)(b)(I) or (5)(b)(II) apply.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 2 years to 6 years (Sexual exploitation of a child - access/view/possess/control (enhanced, prior offense or moving-image material) — Applies to a violation of (3)(b.5) when it is a second or subsequent offense, or when the item is a video, recording or broadcast of moving visual images, or motion picture.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 2000 usd to 500000 usd (Sexual exploitation of a child - access/view/possess/control (enhanced, prior offense or moving-image material) — Applies to a violation of (3)(b.5) when it is a second or subsequent offense, or when the item is a video, recording or broadcast of moving visual images, or motion picture.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Sexual exploitation of a child - access/view/possess/control (enhanced, prior offense or moving-image material) — Applies to a violation of (3)(b.5) when it is a second or subsequent offense, or when the item is a video, recording or broadcast of moving visual images, or motion picture.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2018-07-01.
How is sexual exploitation of a child classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sexual exploitation of a child - general offense | class 3 felony | Applies to sexual exploitation of a child under subsection (3)(a), (3)(b), (3)(c), or (3)(d), except as otherwise provided for accessing/viewing/possessing/controlling material under (3)(b.5). | 18-6-403(5)(a) |
| Sexual exploitation of a child - access/view/possess/control (base) | class 5 felony | Applies to a violation of (3)(b.5) (accessing with intent to view, viewing, possessing, or controlling sexually exploitative material), charged for each item, unless the enhancement conditions in (5)(b)(I) or (5)(b)(II) apply. | 18-6-403(5)(b) |
| Sexual exploitation of a child - access/view/possess/control (enhanced, prior offense or moving-image material) | class 4 felony | Applies to a violation of (3)(b.5) when it is a second or subsequent offense, or when the item is a video, recording or broadcast of moving visual images, or motion picture. | 18-6-403(5)(b) |
Common questions about sexual exploitation of a child in Colorado
Is sexual exploitation of a child a felony or a misdemeanor in Colorado?
It depends on the circumstances: sexual exploitation of a child ranges from a class 5 felony to a class 3 felony in Colorado under C.R.S. § 18-6-403.
Sexual exploitation of a child - general offense: class 3 felony (C.R.S. § 18-6-403(5)(a)) · Sexual exploitation of a child - access/view/possess/control (base): class 5 felony (C.R.S. § 18-6-403(5)(b)) · Sexual exploitation of a child - access/view/possess/control (enhanced, prior offense or moving-image material): class 4 felony (C.R.S. § 18-6-403(5)(b))
What are the penalties for sexual exploitation of a child in Colorado?
Penalties for sexual exploitation of a child in Colorado depend on how it is classified — from a class 5 felony up to a class 3 felony — with the ranges set by C.R.S. § 18-1.3-401; the full table of ranges by variant is published on this page.
Which Colorado statute covers sexual exploitation of a child?
Sexual exploitation of a child is governed by C.R.S. § 18-6-403 (Sexual exploitation of a child - legislative declaration - definitions).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.