Colorado Code
Part 4 - Wrongs to Children
§ 18-6-403. Sexual Exploitation of a Child - Legislative Declaration - Definitions

(1.5) The general assembly further finds and declares that the mere possession or control of any sexually exploitative material results in continuing victimization of our children by the fact that such material is a permanent record of an act or acts of sexual abuse of a child; that each time such material is shown or viewed, the child is harmed; that such material is used to break down the will and resistance of other children to encourage them to participate in similar acts of sexual abuse; that laws banning the production and distribution of such material are insufficient to halt this abuse; that in order to stop the sexual exploitation and abuse of our children, it is necessary for the state to ban the possession of any sexually exploitative materials; and that the state has a compelling interest in outlawing the possession of any sexually exploitative materials in order to protect society as a whole, and particularly the privacy, health, and emotional welfare of its children.

(3.5) A juvenile's conduct that is limited to the elements of the petty offense of possession of a private image by a juvenile, as described in section 18-7-109 (2), or limited to the elements of the civil infraction of exchange of a private image by a juvenile, as described in section 18-7-109 (3), is not subject to prosecution pursuant to subsection (3)(b) or (3)(b.5) of this section.

(5.5) Sexual exploitation of a child is an extraordinary risk crime that is subject to the modified presumptive sentencing range specified in section 18-1.3-401 (10) if the sexually exploitative material depicts a child who is:

(5.7) Notwithstanding section 16-22-113 (3)(c) to the contrary, an adult who has more than one conviction of subsection (3)(b.5) of this section in a single criminal case is eligible to petition for removal from the registry pursuant to section 16-22-113.

Source: L. 79: Entire section added, p. 737, § 1, effective July 1. L. 81: (3)(a) amended, p. 997, § 1, effective July 1. L. 84: (1) and (3) amended, p. 553, § 1, effective July 1. L. 88: (1.5) and (3)(b.5) added, (2)(c), (2)(d), (2)(f), and (5) amended, and (4) R&RE, pp. 730, 712, 731, §§ 1, 2, 4, 18, 3, effective July 1. L. 98: (2)(j), IP(3), (3)(b), and (3)(c) amended, p. 398, § 3, effective April 21. L. 2003: (2)(b), (3)(a), (3)(c), and (4) amended, p. 1882, § 1, effective July 1. L. 2006: (5) amended, p. 2043, § 1, effective July 1; (5) amended, p. 2056, § 7, effective July 1. L. 2009: (2)(j) and (5) amended and (2)(k) added, (HB 09-1163), ch. 343, p. 1799, § 3, effective July 1. L. 2015: Entire section amended, (HB 15-1341), ch. 274, p. 1113, § 1, effective August 5. L. 2017: (2)(b.5) and (2)(e.5) added and (3)(b.5) amended, (SB 17-115), ch. 141, p. 470, § 1, effective April 18; (3.5) and (7) added, (HB 17-1302), ch. 390, p. 2013, § 3, effective January 1, 2018. L. 2018: (8) added, (HB 18-1066), ch. 58, p. 600, § 1, effective March 22. L. 2021: (2)(e), (2)(j), (3)(b), (3)(b.5), (3)(d), and (5)(b) amended and (2)(i.5), (5.5), and (5.7) added, (HB 21-1069), ch. 446, p. 2940, § 2, effective September 7.

Cross references: (1) For the legislative declaration in HB 17-1302 stating the purpose of, and the provision directing legislative service agencies to conduct, a post-enactment review pursuant to § 2-2-1201 scheduled in 2020, see sections 1 and 7 of chapter 390, Session Laws of Colorado 2017. To obtain a copy of the review, once completed, go to "Legislative Resources and Requirements" on the Colorado General Assembly's website.
(2) For the legislative declaration in HB 21-1069 stating the purpose of, and the provision directing legislative staff agencies to conduct, a post-enactment review pursuant to § 2-2-1201 scheduled in 2024, see sections 1 and 7 of chapter 446, Session Laws of Colorado 2021. To obtain a copy of the review, once completed, go to "Legislative Resources and Requirements" on the Colorado General Assembly's website.