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Ask J.Hazelbaker Your Own Question
J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4385
Experience:  Attorney and small business owner with 10 years experience in the general practice of law.
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my 13 year old daughter was caught sending naked pics of herself

Customer Question

my 13 year old daughter was caught sending naked pics of herself to 2 older boys in her school they were doing the same to her. what could she be charged with, we live in colorado
Submitted: 8 years ago.
Category: Legal
Expert:  J.Hazelbaker replied 8 years ago.
This has been termed "sexting" and it is a very serious issue currently.

Unfortunately, law has not caught up with technology and many kids in your daughter's position are being charged under existing child pornography laws (it doesn't matter that she, herself, is still a child). In Colorado, the charge is felony sexual exploitation of a child. The kicker is that the child becomes a sex offender upon conviction subject to registering in the sex offender registry, which severely limits life activities.

Some prosecutors in Colorado have indicated an unwillingness to prosecute kid's in these cases (wanting to spend resources go after real offenders), but there has been one prosecution of a child for sexting at this point in time. It depends on the local prosecutor as to whether charges are pursued.

Some state legislatures are moving to change laws to lessen charges for sexting involving minors on both ends of the communication. But, we are not there yet.

Given that fact, you obviously need to get an experienced criminal defense attorney. Often, you can get a free consultation to discuss the matter. While the worst case scenario is scary, given the lack of prosecutions in Colorado, there is a good chance that this can be worked out with out significant legal interaction.

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