Colorado Child Pornography Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed September 02, 2024

Colorado law prohibits child pornography under a broad statute covering the sexual exploitation of a child. As in most states, Colorado punishes the creation or sale of child pornography more harshly than the possession of it. Still, charges for possession of child pornography carry severe penalties.

Here, we'll explain Colorado's child porn laws. We'll also discuss the penalties for these charges. If you're facing child pornography charges, it's best to seek advice from an experienced criminal defense lawyer.

What Constitutes Child Pornography in Colorado?

Under Colorado law, it's illegal to engage a minor (under 18) in sexually explicit activity. Colorado Revised Statutes (CRS) Section 18-6-403 specifically bans the following conduct when the defendant performs it for sexual excitement or sexual gratification:

Erotic fondling
Erotic nudity
Masturbation
Sexual intercourse
Sadomasochism
Sexual enticement

The statute also calls this offense sexual child abuse. Below, we'll discuss the various child porn offenses as well as the penalties for each offense. All of these crimes are felonies, not misdemeanors.

Child Pornography Statutes in Colorado: Chart

The following table outlines Colorado's child pornography laws.

Statutes	Colorado Revised Statutes Section 18-6-403 (sexual exploitation of a child) Colorado Revised Statutes Section 18-6-404 (procurement of a child for sexual exploitation) Colorado Revised Statutes Section 18-3-405.4 (internet sexual exploitation of a child)
What is prohibited?	You may face criminal charges if law enforcement catches you engaging in the following acts: Inducing or allowing a child to engage in sexual conduct to make sexually exploitative material Sexting with a minor Producing, promoting, selling, or distributing sexually exploitative material by any means Preparing or publishing sexually explicit materials through digital or electronic means Possessing or controlling any sexually exploitive material Possessing child porn with the intent to sell or distribute through digital or electronic means any sexually exploitive material Knowingly inviting or enticing a person under 15 years of age to expose, observe, or touch the defendant's intimate parts through communication via a computer network or system
Penalties	Sexual exploitation of a child: Colorado law treats this crime as a Class 3 felony punishable by four to 12 years in prison. Procurement of a child for sexual exploitation: This offense qualifies as a Class 3 felony and is punishable by a prison term of four to 12 years. Internet sexual exploitation of a child: This is a Class 4 felony punishable by two to six years in prison. The state also requires people guilty of child pornography charges to register as a sex offender. In most cases, sex offender registration continues for the rest of your life.
Defenses	Once the district attorney files criminal charges against you, your criminal defense attorney will have the chance to raise a defense. The following defenses may be available to you: Lack of knowledge or control of the downloading of child pornography Lack of constructive possession (no intent to exercise dominion or control of the items seized) Mistake of fact

Who Is Exempt From Colorado's Child Porn Statute?

Colorado's criminal laws on child pornography do not apply to peace officers. Court personnel are also exempt from these laws. Physicians, psychologists, therapists, and social workers are also exempt so long as they carry a valid professional license from the State of Colorado. They must possess the explicit materials during bona fide treatment or evaluation.

Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult an attorney or conduct legal research to verify your state laws.

Get Legal Help With Your Child Pornography Case in Colorado

The penalties under Colorado child pornography laws are severe. You and your child pornography defense lawyer will have a chance to build a solid defense strategy.

You'll want a trusted Colorado criminal defense attorney to discuss your case and start crafting your defense.