Colorado Child Pornography Allegations: When You Lose Contact With Your Own Children
A child pornography allegation in Colorado triggers consequences far beyond the criminal case. From the moment of the allegation, parents can lose contact with their own children through parallel protection orders, Department of Human Services investigations, and dependency proceedings, on top of the indeterminate sentencing, registration, and treatment exposure of the criminal case.
https://www.thebusseylawfirm.com/ | (719) 475-2555
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In this short video, Colorado Springs criminal defense attorney Tim Bussey explains why a child pornography allegation has to be defended actively from the moment it is made. The criminal exposure is severe, but it is the parallel consequences, particularly the impact on a parent's relationship with their own children, that often blindside families.
The criminal exposure is significant. A conviction under Colorado's sexual exploitation of a child statute, CRS 18-6-403, can result in an indeterminate prison sentence under the Colorado Sex Offender Lifetime Supervision Act, mandatory sex offender registration that is typically lifetime, and intensive multi-year sex offender treatment under SOMB standards.
What surprises many defendants is how quickly the allegation reshapes family life, even before any conviction is entered, and even when the alleged victim is not their own child. From the moment law enforcement makes contact, several parallel proceedings can be triggered. A criminal protection order typically issues at first appearance, with terms that often include no contact with anyone under 18. The Colorado Department of Human Services (DHS) routinely opens a parallel child welfare investigation under dependency and neglect statutes when a parent of minor children is involved.
The result, in many cases, is that a parent who has not been convicted of anything is restricted from seeing or living with their own children while the cases proceed. Restrictions can include supervised visitation only, no overnight contact, no presence in the family home, and a requirement that another adult monitor any time with the children.
If parents are separated or divorced, the family law side accelerates as well. Custody and parenting time can be modified on an emergency basis. Allegations made in connection with a custody dispute require careful attention, because the same evidence driving the criminal case is often introduced into family court.
Defense in a child pornography case has to account for all of these tracks at once. The criminal defense alone is not enough when DHS is investigating in parallel and a family court is reshaping custody on a different timeline. An experienced defense attorney has to coordinate the criminal defense with the dependency and family law tracks, ensure that statements made in one proceeding do not damage the others, and protect the defendant's rights across forums.
Beyond the parallel proceedings, technical defenses in a child pornography case remain meaningful: digital forensics challenges to attribution, search warrant scope review, hash matching limitations, multi-user device analysis, and Fourth Amendment issues all matter.
If you are under investigation or have been charged with a child pornography offense in Colorado, do not speak with investigators, DHS workers, family members, or anyone else about the allegations before consulting with experienced defense counsel.
The Bussey Law Firm in Colorado Springs handles Colorado sex crime defense, including child pornography charges, sexual exploitation of a child, internet sex crimes, and related matters across El Paso County and the Front Range. Tim Bussey founded the firm in 1997. The firm includes two former prosecutors and one former public defender, and clients work directly with Tim.
Learn more about our Colorado criminal defense practice: https://www.thebusseylawfirm.com/crim...
Call The Bussey Law Firm today at (719) 475-2555.
Disclaimer:
The information provided in this video is for general informational purposes only and does not constitute legal advice. Watching this video or contacting The Bussey Law Firm does not create an attorney-client relationship. Every case is unique, and outcomes depend on the specific facts and circumstances involved. For advice regarding your specific situation, please consult with a licensed Colorado attorney.
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