The bill defines possession for purposes of sexual exploitation of a child.
The bill updates certain actions described as sexual exploitation of a child to reflect access and viewing due to evolving technology.
The bill makes sexual exploitation of a child an extraordinary risk crime, enhancing the presumptive sentencing range, if the sexually exploitative material depicts a child who is:
- Under 12 years of age;
- Subjected to the actual application of physical force or violence; or
- Subject to sexual intercourse, sexual intrusion, or sadomasochism.
The bill creates the sexual exploitation of a child surcharge for any person who is convicted or receives a deferred sentence for sexual exploitation of a child. Ninety-five percent of the surcharge goes to the sexual exploitation of children surcharge fund. The money in the fund
will fund the enhance the effective investigation and prosecution of computer-facilitated sexual exploitation of children grant program. The grant awards go to law enforcement agencies to assist with developing and acquiring necessary technological or expert resources to investigate and prosecute computer-facilitated crimes of sexual exploitation of a child is continuously appropriated to the Colorado bureau of investigation to enhance the effective investigation and prosecution of computer-facilitated sexual exploitation of children.
(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)