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If you are accused of possessing child pornography in Colorado, it’s a very serious crime.

Just like every other state in the U.S., Colorado law prohibits the receipt, production, distribution, and possession of child pornography. The law is guided under a statute that broadly covers the sexual exploitation of children.

However, U.S. law also allows anyone charged with a crime, no matter how serious, to put up a robust defense in court. Here are some of the most common ways that those accused of this serious crime defend themselves in a court of law.

What Is Possession of Child Pornography?

In Colorado, it is against the law to possess any material that is sexually exploitative to children. You cannot have a type of material that shows children engaged in certain sexual acts, and you cannot act in any way that contributes to the distribution or creation of materials that do.

A child is considered anyone under the age of 18 in Colorado, no matter how close they are to being a legal adult.

If you are found guilty of sexual exploitation of a child by possessing child pornography, then you can face up to 6 years in prison with mandatory parole or probation for a minimum of 20 years in conjunction with a prison sentence. You also will be required to register as a sex offender.

Defenses to Colorado Child Pornography Charges

Which defense will work best for you depends on the details of your case, but the most general way that people defend themselves against child pornography charges include:

You Possessed It Unintentionally

It is possible under some circumstances that you unintentionally possessed the material – as in, you did not mean to have the material or that the material didn’t belong to you at all. In fact, some people accused of child pornography possession weren’t even aware of the existence of the material.

This can be a good defense if the material was discovered on a shared computer or on a device to which others had access. It’s also possible that it occurred when you were on a shared network or unsecured network that allowed someone else to download the material without your knowledge.

You Accidentally Possessed It

The internet can be a confusing place for some people, and your computer can be attacked with spam, malware, or even viruses outside of your awareness. A hacker could even download offensive items to your computer without your consent or knowledge.

Illegal Search and Seizure

Under the Constitution of the United States, you have rights. One of those rights is not to be subject to search and seizure without probable cause. If you were searched illegally or your things illegally seized by law enforcement, then this can be a good defense.

Entrapment

Sometimes a person can be induced to commit an offense they would not have otherwise perpetrated on their own, especially under the influence of police. When an offense like this is perpetrated, it can be considered entrapment. Make sure to communicate to your lawyer all that you can about your case to see if this is a viable defense.

It Wasn’t Child Pornography

In some situations, the items found in your possession may not meet the standard of child pornography in Colorado. Your experienced attorney can help you understand if this defense applies to your case or not.

About the Author:

Andrew Bryant is a well-respected Colorado Springs criminal attorney who has been practicing in the area for years. A Colorado native, he returned to the home he loves after graduating from the University of Kentucky College of Law. Now, he uses the knowledge he gained as an El Paso County District Attorney to fight tirelessly for his clients’ rights. He is AV-Preeminent rated, has been recognized for his work by The National Trial Lawyers, and has been named to Best of the Springs lists by The Gazette for years.