Understanding criminal law

[LadyAnara]

What is the name of your state? Colorado


my Husband is being charged with 22 counts of felony exploitation of a Child and 35 counts of misdeamenor exploitation of a child. How do they differentiate between the two? what is the maximum sentence he will receive if he is convicted of all counts?

 

[HomeGuru]

What is the name of your state? Colorado


my Husband is being charged with 22 counts of felony exploitation of a Child and 35 counts of misdeamenor exploitation of a child. How do they differentiate between the two? what is the maximum sentence he will receive if he is convicted of all counts?

**A: death by hanging.

 

[djohnson]

That may be on the wishful thinking side, don't you think

 

[PerfidyorFealty]

Who cares what the court will give him. His real sentence will be what the other prisoners do to him when they find out what his crimes were. Hopefully they'll stick a shiv in his heart after gang-raping him.

 

[OnlyOneVoice]

Here is the Colorado Statute:

18-6-403. Sexual exploitation of children.

(3) A person commits sexual exploitation of a child if, for any purpose, he or she knowingly:

(a) Causes, induces, entices, or permits a child to engage in, or be used for, any explicit sexual conduct for any commercial purpose or the making of any sexually exploitative material; or

(b) Prepares, arranges for, publishes, including but not limited to publishing through digital or electronic means, produces, promotes, makes, sells, finances, offers, exhibits, advertises, deals in, or distributes, including but not limited to distributing through digital or electronic means, any sexually exploitative material; or

(b.5) Possesses or controls any sexually exploitative material for any purpose; except that this paragraph (b.5) 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.

(c) Possesses with the intent to deal in, sell, or distribute, including but not limited to distributing through digital or electronic means, any sexually exploitative material for any commercial purpose; or

(d) Causes, induces, entices, or permits a child to engage in, or be used for, any explicit sexual conduct for the purpose of producing a performance.

(4) Although the simple possession of any sexually exploitative material is prohibited, a presumption of commercial purpose is created by the possession of three or more identical copies of any sexually exploitative material.

(5) The sexual exploitation of a child is a class 3 felony; except that sexual exploitation of a child by possession of sexually exploitative material pursuant to paragraph (b.5) of subsection (3) of this section is a class 1 misdemeanor, but a second or subsequent offense by such possession is a class 4 felony.

(6) If any provision of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.


I can't imagine this. With all due respect I don't think I would be asking questions about how to help him, but how to file for divorce.

 

[LadyAnara]

Thank you for the information. I have to say for a forum of people looking for legal advice you guys are very quick to judge other people. My husband is innocent until proven guilty all I wanted was to know what possible sentence he would get IF he was found guilty. I love my husband very much and I will not divorce him because life has given us this trial to go through. I married my husband for better or worse. I think to many people in the world don't really consider this before they get married and then they take the easy way out and divorce their partner when anything goes wrong. Thank you again for the information. next time I wouldn't be so quick to judge someone.

 

[djohnson]

It's hard to beleive that someone could be charged with THAT MANY counts and be completely innocent, but who knows stranger things may have happened and I just don't know about them. I hope you are a great mother and your children really must admire you for your stance.

 

[OnlyOneVoice]

The guilt issue is certainly one I should have considered.

Let me ask, how did the state go about making its case for the charges?

Do they have proof that your husband had possession or had participated in these "expolitive" acts.

I'm not sure there is much you can actually DO to help him. I was not able to find the "penalty" statute for these counts, but in a short research session, in Colorado, depending on the "severity" a person could be sentenced anywhere from 20 years to to life in prison, or lifetime monotoring and probation and in some cases eligible for "lifetime parole" after 20 years.

The ability for parole would be determined by their "progress" in treatement.

Any probation granted post release is intensively supervised involving restricted activity, limited contact with others and strict curfews.

So my understanding is that he could receive 20 years to life for each count.

I didn't read where Colorado accepts deferred adjudication in these types of charges.

In the initial comments in the statute, it hold that most pedophiles offend for their entire lives so they deem this to be serious enough to warrent lifetime supervision for the convictee.

 

[LadyAnara]

Thank you again for the information, I appreciate it. I am hopeing that everything turns out ok for my husband. Although I am not a mother I do hope that I will one day be a good mother, one that my children will be proud of.