July 29, 2015

Colorado Court of Appeals: Defendant Lacked Knowledge of Crime Where No Reason to Believe Victim Was Underage

The Colorado Court of Appeals issued its opinion in People v. Heywood on Thursday, August 14, 2014.

Internet Sexual Exploitation of a Child—Importuned—Invited—Enticed.

Heywood invited a person to view a webcam stream of him masturbating, and then did not stop the stream until several minutes after the viewer (an investigator) had said she was 14 years old. A jury convicted him of violating CRS §18-3-405.4(1)(b), Internet sexual exploitation of a child.

On appeal, Heywood argued that the prosecution failed to prove that he committed Internet sexual exploitation of a child. The Court of Appeals agreed. CRS §18-3-405.4(1)(b) requires knowledge or belief as to the victim’s age. Initially, Heywood did not have any information regarding the investigator’s age. In addition, the Internet chat room was restricted to people at least 18 years old. Further, even though Heywood continued the chat conversation after Gallagher informed Heywood of her age, there was insufficient evidence that he “importuned, invited, or enticed” her to continue viewing. In fact, he said that she “shouldn’t be watching,” and he would “turn it off.” Therefore, Heywood did not continue to invite Gallagher to view his webcam stream merely by failing to disconnect her access to it. The judgment was reversed and the case was remanded to the trial court with directions to enter judgment of acquittal.

Summary and full case available here, courtesy of The Colorado Lawyer.

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