Sexting Criminal Defense Attorney in Denver, Colorado
“Sex” and “Texting” is the combination of two words describing the act of sending sexually explicit messages or nude photographs using an electronic devise, commonly a cell phone. In and of itself, sexting is not a crime.
Presently, in the State of Colorado, when sexting is considered a criminal offense it usually falls under the charge of Internet Exploitation of a Child or Internet Luring of a Child but may be considered under other gray areas of sex crimes including child porn or distribution of child pornography if the sext involves someone under the age of 15.
If you have been charged with Internet Exploitation or Internet Luring by the act of sexting you are facing serious penalties and could potentially face having to register as a sex offender. If you are underage and are being investigated for sexting you may be facing the same penalties as an adult who has texted photographs of themselves, their friends or partners. If you are concerned about the criminal investigation or charges against you, call me.
Philip M. Smith, Attorney At Law • Denver, Colorado
Internet Exploitation or Internet Luring of a Child Crime
Free Consultations • (303) 333-8900 • Email
Both the sender and receiver may be prosecuted. It is a good bet that anything you send or post to your cell phone, IM, IPad, computer, laptop, Twitter, Facebook, or any other social media, will not remain private. It is out there for anyone to view and may go “viral” without your knowledge or consent. What may have begun as a joke may end with a criminal record.
This criminal behavior comes with serious consequences. Investigating these communications has become easier for law enforcement and increasingly sophisticated. It is important to note that just because you think you might have deleted something off your computer, the police forensic investigators can often recover deleted material from hard drives and electronic devices.
How I Can Help You
If you or a loved one are being investigated or you have been arrested for other types of internet crimes, DO NOT speak with the police. Call me first. Remember, everything and anything you say may be used against you. I am here to protect you, your reputation and your livelihood.
Questions?
Call my office today for a free confidential consultation
Attorney Philip M. Smith
303-333-8900
I will speak with you about the circumstances leading to your arrest and I will examine the evidence that has been collected by law enforcement and the prosecution to see if it is admissible and should be suppressed if it was collected improperly.
My goal is always to minimize the impact these kinds of sex offense charges will have on your personal life to avoid a criminal record. I vigorously negotiate with the prosecutor assigned to your case and will work diligently to have the internet crimes charges reduced or dismissed.
Sexting Sentencing and Consequences
It is important to note that Sexting is not an independent criminal charge but usually falls under Internet Exploitation of a Child and Internet Luring of a Child.
- Internet Exploitation of a Child is a Class 4 Felony with a presumptive sentence of up to 8 years to life and $500,000 in fines.
- Internet Luring of a Child is a Class 5 Felony with a presumptive sentence of up to 4 years and $100,000 in fines.
- Internet Luring of a Child with the intent to meet for sexual exploitation is a Class 4 Felony with a presumptive sentence of up to 8 years to life and $500,000 in fines.
These charges are subject to sentencing provisions. Sex Offender Registration may be required. Juvenile cases are adjudicated by different criteria.
Contact My Law Office
If you have been contacted by Colorado law enforcement, arrested or charged, or if you have questions about Internet Crimes, I encourage you to contact me, Philip M. Smith, 303-333-8900 today for a free and confidential initial consultation.
