Enticement of a Child in Colorado, C.R.S. 18-3-305
Denver Enticement of a Child Lawyer
Made famous by the show, “To Catch a Predator,” enticement of a child is a serious charge that can negatively affect you and your family’s life forever. In Colorado, police departments frequently use Denver’s backpage.com for their undercover sting operations. Posing as underage children, the detectives arrange meetings between the minors and the unsuspecting johns. In other cases, law enforcement will use your phone records, text messages, e-mails, or any other form of communication to prove that your communication was in attempt to sexually assault a child. If you or someone you know is charged with enticement of a child, your freedom is in jeopardy. Facing mandatory prison or parole, and sex offender registration, this charge has devastating affects. The Law Office of Andres R. Guevara understands the importance of proactive investigation and knows how to defend your rights. Our Colorado criminal lawyers specialize in sex crimes in Denver, Jefferson, Adams, Arapahoe, and Douglas County.
CRS 18-3-305 states that enticement of a child is committed when:
- A person invites or persuades or attempts to invite or persuade, a child under fifteen years of age to enter any vehicle, building, room, or other secluded place with the intent to commit sexual assault or unlawful sexual contact with the child.
The child does not have to be aware of the defendant’s “invitation” for the prosecution to charge an attempt. Any invitation made from an adult to a child younger than fifteen will be seen as enticement of a child by the police and qualifies for the “invite” element of this law.
Internet Police Stings for Enticement of a Child
As a rule of thumb, always assume your texts, e-mails, private chats, or any other electronic communication is being recorded. For internet stings where police pose as young children to lure a person into committing child enticement, the police will need to definitively state the child’s age as less than fifteen years. If an actual child is chatting over the internet, they will also have to communicate their age.
The Colorado police must establish the person had the intent to commit sexual assault or have unlawful sexual contact. In order to prove their criminal case, they keep transcripts of internet chats and texts and record phone calls.
Penalties for Enticement of a Child in Colorado
Enticement of a child is a class 4 felony. It is a class 3 felony if:
- The defendant has a previous conviction for enticement of a child or sexual assault on a child, or for conspiracy to commit or the attempted commission of either offense.
Additionally, enticement of a child convictions carry indeterminate sentencing, which means you could be subjected to mandatory minimum sentences, life in prison, or lifetime probation. Additionally, convicted sex offenders are often required to register as a sex offender for life. Along with the embarrassing registration, you could be required to pay thousands of dollars on treatment, polygraph tests, and probation supervision. Because the stakes are so high it’s critical to have an experienced lawyer on your side. Our firm’s sex crime defense lawyers have extensive experience defending people charged with enticement of a child and other sex crimes. Contact the Law Office of Andres R. Guevara today for a free consultation to find out how we can help you.