The Colorado criminal justice system will charge allegations of internet child porn as sexual exploitation of a child. In Colorado, another term is “internet sexual exploitation of a child.” This is defined as using the internet to expose intimate parts to a child, or to observe the child touching their intimate body parts. The terms internet or online media can include use of anything from online platforms to text messages.
It is important for those who face these allegations to know that the potential penalties can extend beyond the penalty for the specific charges. This is because the Colorado system allows these crimes to qualify for indeterminate sentences. An indeterminate sentence means that the court does not give a release date at sentencing and the judge can choose a sentence that lasts the remainder of the sex offender’s life. An example would include a sentence that lasts “two years to life.”
Do judges really use these indeterminate sentences?
Unfortunately, yes. If this strikes you as unfair, you are not alone. A case recently questioned whether the practice was constitutional. In this case, the accused plead guilty to first-degree sexual assault. At the time, the crime came with up to 24 years imprisonment. The court sentenced the man to “one day to life” imprisonment.
After serving more than the maximum amount for the crime, the man pushed back and argued that the use of indeterminate sentencing was a violation of his constitutional right to equal protection and due process. The court disagreed and upheld his sentence. This case provides an example of the need to take these types of allegations seriously as a life sentence is not just theoretically possible but is something the courts have used in the past and continue to use to this day.
It is important to note that the example above is just one of multiple challenges to this sentencing scheme. As a result, it is a good idea for anyone facing this type of sentencing stay current on these attempts to challenge the system. The outcome of these challenges could impact the best defense strategy for those facing similar allegations.
What other potential penalties should I know about?
These crimes often come with the requirement to register as a sex offender. Those who fail to do so can face additional criminal charges. There are some defenses that can apply such as circumstances that make it impossible to comply and an attempt to comply as soon as those circumstances were no longer an issue.
The presence of an internet sex crime on a criminal record along with the registration as a sex offender can make it difficult to move on with future life goals. Do not take these allegations lightly. Prepare to fight back and protect your legal rights. Although this piece provides a couple of common defense strategies that can help those who face similar charges, it is important to note that the best defense is tailored to each individual situation. An attorney experienced in this niche area of criminal defense can review the situation and help discuss the options that may work best in your situation.