Internet Luring Of A Child
In Colorado, an individual violates the Colorado internet luring of a child statute when knowingly communicating over a computer or computer network, telephone network, or data network, by text, or instant message to a person known to be under fifteen years of age. The individual must also believe they are more than four years older than the child.
The communication must describe explicit sexual conduct, and the individual must persuade or invite the person to meet them for any purpose. Even if the child turns out to not be a child and is instead an adult or the meeting never takes place, the accused can still be successfully charged with the crime.
Denver Internet Luring of a Child Attorney
Any criminal offense involving minors and sexual activity or solicitation for such activity is a serious matter. If you have been arrested for a sex crime such as Internet Luring of a Child, contact Law Office of Matthew A. Martin, P.C. to have a skilled defense lawyer right your charges. At Law Office of Matthew A. Martin, P.C., defense lawyer Matthew Martin has over 28 years of experience he can utilize for your case.
Our law firm offers a free consultation with a lawyer to go over the details of your case and to explain how our representation can benefit you. Call (303) 725-0017 right now to contact Law Office of Matthew A. Martin, P.C..
Law Office of Matthew A. Martin, P.C. accepts sex crime cases in Denver, CO including Boulder, Englewood, Littleton, Aurora, Westminster, Golden, Lakewood, Arvada, Evergreen, Brighton, and Centennial.
- Penalties For Luring A Child Over The Internet
- Registration As A Colorado Sex Offender
- Defenses for Internet Luring of a Child
- Statute Of Limitations
- Additional Resources
Due to the nature of this crime, the penalties can be severe. To determine the sentence imposed, a prosecutor will look at the intent or the purpose of luring a child. If the purpose was to engage in sexual exploitation of the child, the crime is a class four felony.
In Colorado, a class four felony has penalties of up to six years in prison, three years of mandatory parole, and mandatory registration as a Colorado sex offender.
If the purpose of luring the child was not to engage in sexual exploitation, the accused could be charged with a class five felony.
A class five felony is punishable by a maximum of three years in prison and a fine of up to $100,000.
If an individual is convicted of luring a child online, a court will likely require registration as a sex offender with the Colorado Bureau of Investigations. The registry allows the public to learn about the crimes the individual committed and their sex offender status.
Once an individual is registered as a sex offender, it can significantly impact their life. Anyone – including employers, educational institutions, and licensing agencies can look up the individual’s status online and make decisions based on the information they find on the database. Any communities the individual is trying to enter, such as apartments or community groups, may deny admission, as well.
An individual will need to provide the following information if required to register as a sex offender in Colorado:
- Date of Birth
- Crime and date convicted
- Predatory habits found out by the Colorado Bureau of Investigations; and
- If they are a “sexually violent predator.”
A “sexually violent predator” is an individual who:
- Was 18 at the time of the offense and tried as an adult,
- The child was a stranger to the individual, and the relationship was only for sexual reasons, and
- The Colorado Bureau of Investigations assessed the individual as likely to commit another sex crime, or
- The individual was classified as a similar classification in another state and moved to Colorado.
Depending on the specific situation, an attorney can build a defense for the accused. A defense may be just a single statement or a combination of factors that indicate that the defendant did not commit the crime as alleged. Common defenses include:
- The accused didn’t know or believe they were communicating with someone under 15,
- They believed the child was not more than four years younger than themselves,
- The communication did not take place over electronic means,
- The accused did not describe explicit sexual conduct,
- The child misunderstood their intent,
- The accused did not invite the child to meet them, and
- The police entrapped the accused.
Sometimes law enforcement “catches” a person accused of internet luring by setting them up to commit the crime. If law enforcement oversteps their bounds or does it improperly, entrapment becomes a possible defense. Although entrapment is not easy to use as a defense, an experienced attorney knows what to look for to successfully mount the defense.
Most crimes have a statute of limitations. The statute of limitations is the time period in which the prosecutor must file charges against the accused. Once this time period runs out, the prosecutor can no longer file charges against the individual unless there is a specific exception.
In Colorado, both class four and five felonies have three-year statutes of limitations once the crime has been discovered. If the accused is not in the state of Colorado, the three-year clock can pause. The prosecutor can bring charges beyond the normal three-year period.
Colorado Revised Statues § 18-3-306 – This website directly links the entire Colorado statute explaining internet luring.
Child Safe – This resource provides information for child victims of internet luring. Listed on this site is the contact information for numerous non-profits in Colorado that all aim to eliminate child sexual abuse in Colorado by helping survivors.
Colorado Internet Luring of a Child Lawyer | Denver, CO
Colorado law for sex crimes can be complex. If you have been arrested for a sexual offense such as Internet Luring of a Child, contact Law Office of Matthew A. Martin, P.C.. It is in your best interest to enlist the aid of a qualified criminal defense attorney as soon as possible to start preparing for your trial or to try to get the charges dismissed.
Criminal defense lawyer Matthew Martin at Law Office of Matthew A. Martin, P.C. is well-prepared to represent and serve you. Your future is at stake. If you reside in Denver, CO or Adams County, Arapahoe County, Broomfield County, Douglas County or Boulder County, call (303) 725-0017 to secure a free consultation.