Legal Question in Criminal Law in Colorado

sexual exploitation on a child

i am a regular stay at home mom of two kids 2-4 yrs old boy and girl. i take pics like every mom. but i am in the middle of a divorce and my ex is trying to get me charged because of some pics i had on my myspace but my profile and pics are private he is saying they were public. there was five pics the most nude one was of the girl on the couch sleeping with a shirt on and no pants u can see she is not wearing pants but that is all. what is the probability that i will be charged with sexual exploitation of a child?


Asked on 5/20/08, 3:41 am

3 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: sexual exploitation on a child

Similarly, Scalia said, examples of grandparents swapping photos of their grandchildren in the bath or of sleeping toddlers titled "good pics of kids in bed" would not run afoul of the law. No reasonable juror, he wrote, would find that the speaker meant the pictures would show "actual children engaged in 'sexually explicit conduct' as defined in the act. The prosecutions would be thrown out at the threshold."

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Answered on 5/20/08, 1:52 pm
Jason Savela The Savela Law Firm, PC

Re: sexual exploitation on a child

hopefully none, but you should make sure that you discuss with a competent criminal defense attorney. IF you do not have a divorce lawyer, you need one of those too. mistakes now have life long consequences

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Answered on 5/20/08, 10:57 am
Philip Rosmarin Rosmarin Law Firm

Re: sexual exploitation on a child

I'd say the likelihood is extremely slim, so long as you took steps to keep them private. Your husband could be in trouble, though, if he considers them pornographic and has been passing them around.

Obviously your Myspace profile isn't private if he has access to it. If I were you I'd take everything off that site and start again with a password he doesn't know, so he doesn't keep hacking into your life.

Good luck.

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Answered on 5/20/08, 12:03 pm


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