ADenver Internet Luring of a Child attorney is vital if you’ve been charged or accused of Internet Luring of a Child anywhere in Colorado. It’s not difficult to be charged with this crime, especially as the internet in Douglas and Adams County is becoming more intelligent and accommodating. Though that can be a good thing, in the world of criminal defense, it can work against men and women accused or charged with an internet sex crime. Accusations can be made or charges can be filed for internet sex crimes (such as Internet Luring of a Child) through easy internet accessibility and tracing. Different forms of social media and chat rooms make it easier for police to go undercover online and investigate men and women accused of this sex crime. In Denver, Aurora and Parker, the need for a skilled Internet Luring of a Child attorney under these circumstances is imperative.
Denver Internet Luring of a Child Lawyer: Internet Luring of a Child in Denver
In Denver, Highlands Ranch, and Littleton, Colorado, men and women can face charges of Internet Luring of a Child, C.R.S. 18-3-306, any time they communicate over a computer or computer network, over the phone, or over text, to a child they know or believe is under 15 years of age and they are more than four years older than the person or than the age they believe the person to be. In communication with a child, the defendant also must describe explicit sexual conduct and persuade or invite the child to meet the actor for any purpose. Unfortunately, whether or not a person actually meets the child doesn’t matter. He / she could still be charged with this crime, simply by giving an invitation.
Elements of Internet Luring of a Child Which the Prosecution Must Prove for a Conviction
It is easy to accuse someone of Internet Luring of a Child. To be convicted of Internet Luring of a Child in Arapahoe or Douglas County, however, Arapahoe County prosecutors must prove each element of the statute in Colorado court. These elements are:
The first thing the prosecution would need to prove is the means by which someone communicated with a child. They would have to prove phone calls were made, text messages were sent, or chat rooms were used by the defendant to communicate with the child.
Age difference between child
The prosecution would also have to prove the defendant was more than four years older than the child.
The prosecution would also have to prove the defendant knew the child was under fifteen years of age. This is often proven through written transcripts of the conversation / chat (in text or over a chat room, for example) where a defendant was told the child’s age.
The prosecution would also have to prove the defendant described explicit sexual conduct with the child and, in that communication, suggested a meeting for any purpose.
Be Smart When Online or on the Phone in Denver: Police Go Undercover
Any time you communicate over a computer or phone to a child in Denver or Aurora, it can be risky. Since evidence can be easily retrieved from computers or phone records, it makes it easier for police to make arrests. In online chat rooms, police act as a child under fifteen years of age and try to communicate with a person they suspect is susceptible to communicating with a child. While pretending to be a child, police record all evidence to later present to a Denver or Arapahoe County District Attorney. Our advice to you is: Be especially careful if communicating in chat rooms where people are using sexually explicit language. And, stay away from conversations with anyone stating they are under the age of 15.
The Entrapment Defense in Jefferson County and Adams County Colorado
In some cases, men and women are “enticed” or “entrapped” into committing a sex crime they wouldn’t have otherwise, if it weren’t for police deception. When this occurs, an experienced criminal defense attorney may be able to use the Entrapment defense. The definition of the Entrapment defense is as follows:
“The commission of acts which would otherwise constitute an offense is not criminal if the defendant engaged in the proscribed conduct because he was induced to do so by a law enforcement official or other person acting under his direction, seeking to obtain evidence for the purpose of prosecution, and the methods used to obtain that evidence were such as to create a substantial risk that the acts would be committed by a person who, but for such inducement, would not have conceived or engaged in conduct of the sort induced.”
If one of our Internet Luring of a Child lawyers can prove you would not have committed Internet Luring of a Child had the police not been so deceptive, we may be able to get your criminal case dismissed. The Entrapment defense is a rare defense to use because police are careful about the tactics they use when pretending to be a child online.
What is the Sentence for Internet Luring of a Child in Colorado?
Class 4 Felony
Possible prison sentence of 2-6 years in the Colorado Department of Corrections
Class 5 Felony
Possible prison sentence of 1-3 years in the Colorado Department of Corrections
Internet Luring of a Child is a class 5 felony in Adams and Jefferson County. But, it’s a class 4 felony if committed with the intent to meet for the purpose of engaging in sexual exploitation, 18-6-403, or sexual contact, 18-3-401. Because Internet Luring of a Child is also a sexual offense in Colorado, it requires the convicted person to register as a sex offender and undergo harsh sex offender treatment under the Sex Offender Management Board. It is also subject to indeterminate sentencing, which means no maximum prison time frame is set. Our government is so afraid someone will “reoffend,” they think implementing the possibility of a lifelong prison sentence is necessary. But, that mindset only isolates people from society and keeps them from ever reintegrating or changing their ways. That’s why our Internet Luring of a Child attorneys are vital. You can’t afford any restrictions on your freedom if charged with Internet Luring of a Child or any other internet sexual offense in Colorado.
Aurora Internet Luring of a Child Lawyer: Our Defense Attorneys Give Hope
Internet sexual offenses in Aurora, Denver and across Colorado, like Internet Luring of a Child, can weigh heavily on the accused. Our Internet Luring of a Child attorneys know sometimes good people just make mistakes. For example, perhaps you truthfully didn’t know you were talking to a child online. In other cases, kids and police lie. Whatever the case, call our criminal defense attorneys today to schedule a free initial consultation.
Colorado Internet Luring of a Child Statute – C.R.S. 18-3-306
“(1) An actor commits internet luring of a child if the actor knowingly communicates over a computer or computer network, telephone network, or data network or by a text message or instant message to a person who the actor knows or believes to be under fifteen years of age and, in that communication or in any subsequent communication by computer, computer network, telephone network, data network, text message, or instant message, describes explicit sexual conduct as defined in section 18-6-403(2)(e), and, in connection with that description, makes a statement persuading or inviting the person to meet the actor for any purpose, and the actor is more than four years older than the person or than the age the actor believes the person to be.
(2) It shall not be a defense to this section that a meeting did not occur.
(a) and (b) (Deleted by amendment, L. 2007, p. 1688, 8, effective July 1, 2007.)
(3) Internet luring of a child is a class 5 felony; except that luring of a child is a class 4 felony if committed with the intent to meet for the purpose of engaging in sexual exploitation as defined in section 18-6-403 or sexual contact as defined in section 18-3-401.
(4) For purposes of this section, “in connection with” means communications that further, advance, promote, or have a continuity of purpose and may occur before, during, or after the invitation to meet.”