Enticement of a Child Lawyer in Denver, CO

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Enticement of a Child in Colorado

Enticement of a child is a serious criminal offense in Colorado, defined under Colorado Revised Statutes (C.R.S.) § 18-3-305. A person commits this crime when they invite, persuade, or attempt to invite or persuade a child under the age of fifteen to enter a vehicle, building, room, or secluded place with the intent to commit sexual assault or unlawful sexual contact.

One key aspect of this law is that the child does not need to perceive the act of enticement for a person to be charged. This means that law enforcement can charge someone based on evidence of intent, even if the child was unaware of the defendant’s motives.

Denver Lawyer for Enticement of a Child Charges

It is an unfortunate truth that men are the most likely to be falsely accused of enticement. Regardless of whether you meant well, a request for a child to join you in your car, home or any other non-public place can be construed as an attempt to abuse the child. If you have been falsely accused of enticing a child, you need to contact an experienced defense attorney immediately.

If you are facing charges of enticement, you need to contact sex crime attorney Matthew Martin today. Contact our office today at (303) 725-0017 to schedule your free initial consultation. Law Office of Matthew A. Martin, P.C. proudly serves clients throughout the greater Denver area, including Adams County, Arapahoe County, Douglas County, Broomfield County, and Boulder County.

Overview of Enticement of a Child in Colorado

Definitions under Colorado Law
Penalties for Enticement
Defenses for Enticement Charges
Frequently Asked Questions
Hire an Attorney for Enticement Charges

Enticement of a Child under Colorado Law

Per Colorado law, the enticement of a child refers to the attempt to seclude a child for the purpose of sexual abuse.

A person commits the crime of enticement of a child if he or she invites or persuades, or attempts to invite or persuade, a child under the age of fifteen years to enter any vehicle, building, room, or secluded place with the intent to commit sexual assault or unlawful sexual contact upon said child (CO Rev Stat § 18-3-305 (2024)).

It is not a requirement under Colorado law for the child to actually be deceived by the attempt, e.g., to follow the would-be predator into the car, room or other secluded place. If a child senses danger and informs the police, law enforcement may have enough information to charge the alleged predator.

Online Luring of a Child

Enticement of a child is not the same as Internet Luring of a Child (CO Rev Stat § 18-3-306 (2024)). While the latter crime also refers to an attempt to sexually abuse a child through deception, enticement refers to the immediate action of attempting to move a child to a nearby area for said purposes while in-person.

Penalties for Enticement of a Child

The severity of the punishment for enticement of a child depends on the circumstances of the case and the defendant’s criminal history. Under Colorado law:

Class 4 Felony: A first-time conviction for enticement of a child is classified as a Class 4 felony, which carries:
- A prison sentence ranging from 2 to 6 years (with a possible parole period of 3 years)
- A fine ranging from $2,000 to $500,000
- Mandatory sex offender registration
Class 3 Felony: If certain factors are present, the offense is elevated to a Class 3 felony. This applies when:
- The defendant has a previous conviction for enticement of a child, sexual assault on a child, or related offenses.
- The enticement results in bodily injury to the child.
The penalties for a Class 3 felony include:
- A prison sentence of 4 to 12 years
- A fine between $3,000 and $750,000
- Lengthier parole supervision and stricter sex offender registration requirements

Additionally, if the convicted individual is a current or former employee of a school district or holds a teaching license, the court is required to report the conviction to the Colorado Department of Education, which will almost certainly result in a lost of employment and potential loss of licensure.

Defenses Against an Enticement Charge

Facing a charge of enticement of a child can be overwhelming, but several legal defenses may apply depending on the circumstances. Common defenses include:

Lack of Intent – The prosecution must prove that the defendant intended to commit sexual assault or unlawful sexual contact. If the invitation to enter a vehicle, building, or secluded place was for an innocent purpose, this could serve as a defense.
Mistaken Identity or False Accusation – Some cases arise from misunderstandings or false allegations. If the wrong person was identified, or if there is evidence that the accusation was fabricated, these can be strong defenses.
No Attempted Persuasion or Invitation – The law requires that the defendant made some form of invitation or persuasion. If no such action occurred, then there is insufficient evidence to support a conviction.
Entrapment – If law enforcement induced or coerced the defendant into committing an act they would not have otherwise committed, this may constitute entrapment, which can be a valid defense.
Violation of Constitutional Rights – If law enforcement violated the defendant’s Fourth Amendment rights (illegal search and seizure) or Fifth Amendment rights (coerced confession), evidence obtained unlawfully may be inadmissible in court.

Frequently Asked Questions

Does the child need to be aware that they were being enticed for charges to apply?
No. The law explicitly states that the child does not need to perceive the act of enticement for charges to be filed.

Can someone be charged even if no actual sexual contact occurred?
Yes. The charge applies even if no physical contact took place—intent alone is enough.

Is enticement of a child considered a sex offense?
Yes. A conviction requires mandatory sex offender registration in Colorado.

What happens if the defendant was falsely accused?
False accusations can and do happen. A defense attorney can challenge the evidence, present alibi witnesses, and examine the credibility of the accuser to refute the charges.

Can an employer find out about an enticement conviction?
Yes. If the defendant works or previously worked in a school district, the court is required to report the conviction to the Colorado Department of Education. Employers may also discover the conviction through background checks.