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When does “sexting” become illegal in Colorado?

On Behalf of | Dec 19, 2022 | Sex Offenses |

Most people have access to a smartphone, with the average person spending around 3-4 hours on their phone every day. The facilities on these smartphones make it incredibly easy to send high-quality pictures in text messages, which helps to facilitate sexting.

Sexting, or sex texting, involves the sending of explicit messages and pictures via text. While there’s no law against this among consenting adults, it does cause issues with the younger generation.

It’s not illegal for two consensual adults to sext each other

As mentioned above, there’s no law in Colorado that prevents two adults from sexting where it’s communication that’s consensual and wanted by both parties.

The problems lie where one, or both, of the parties, are under the age of 18.

Sending, or receiving, a sexually explicit picture of a child is a very serious crime that falls under this Colorado Statute for sexual exploitation and can result in felony charges.

In recognition of the dangers that come with how accessible the internet is, there’s also a Class 4 felony law against the internet sexual exploitation of a minor. This occurs when a person knowingly invites a child to touch themselves, touch another person’s private parts and/or view that person’s private parts via an electronic form such as a computer or cell phone.

Teens under the age of 18 who engage in sexting are taken to be minors who cannot give consent to creating or sharing explicit pictures. This means that one, or both, involved can still face charges although the penalties will be much less severe than for an adult.

Facing felony charges for sexual exploitation or internet sexual exploitation of a minor can be a serious conviction with life-changing consequences. It’s important to get the right legal assistance that can help you to robustly fight the charges against you.

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