Colorado Child Pornography Laws

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)

Causing, inducing, enticing, or permitting a child to engage in, or be used for, any explicit sexual conduct for the making of any sexually exploitative material; or

Preparing, arranging for, publishing, including but not limited to publishing through digital or electronic means, producing, promoting, making, selling, financing, offering, exhibiting, advertising, dealing in, or distributing, including but not limited to distributing through digital or electronic means, any sexually exploitative material; or

Possessing or controlling any sexually exploitative material for any purpose; or

Possessing with the intent to deal in, sell, or distribute, including but not limited to distributing through digital or electronic means, any sexually exploitative material; or

Causing, inducing, enticing, or permitting a child to engage in, or be used for, any explicit sexual conduct for the purpose of producing a performance.

Intentionally providing a child to another person for the purposes of sexual exploitation.

Knowingly inviting or enticing through communication via a computer network or system, telephone network, or data network or by a text message or instant message, a person who the actor knows or believes to be under 15 years of age and at least 4 years younger than the actor to expose or observe, expose or touch the person's own or another person's intimate parts while communicating.

Sexual Exploitation of a Child: This is a class 3 felony punishable by 4-12 years in prison.

Procurement of a Child for Sexual Exploitation: This is a class 3 felony punishable by 4-12 years in prison.

Internet Sexual Exploitation of a Child: This is a class 4 felony punishable by 2-6 years in prison.

Lack of knowledge or control of the downloading of the child pornography.

Lack of constructive possession (no intent to exercise dominion or control of the items seized).

The statute does not apply to peace officers or court personnel in the performance of their official duties, nor does it apply to physicians, psychologists, therapists, or social workers, so long as such persons are licensed in the state of Colorado and the persons possess such materials in the course of a bona fide treatment or evaluation program at the treatment or evaluation site.

Mistake of fact