Q: Can I man be charged with child porn for watching a captioned porn video that says "young teen getting fucked" ?
He has been addicted for years. Also, is it common for daily users to stumble across child porn/teen porn?
He goes to a popular site. How does porn qualify for child minor porn?
A: I believe the man will be charged on a C.R.S. 18-6-403 exploitation of a child. Colorado takes a very harsh view of any sexual material depicting children under the age of 18. Assuming no production has occurred, the possession requirements are very relaxed (owning a video or having the material cached on RAM constitutes possession). Mistake is a possible defense because this charge is an intent crime. The ease of access is not a material fact, unless it supports a mistake defense. You should contact and lawyer or request a public defender. Exploitation of a child is a class 5 felony: 1-3 years in jail and $1,000-100,000.
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