Here are the specific statutory requirements your Colorado criminal lawyer will need to defeat a charge of Enticement of a Child, in Colorado:
18-3-305. Enticement of a Child.
A person commits the crime of enticement of a child if he or she 1) invites or persuades, or attempts to invite or persuade, a child 2) under the age of fifteen years to enter any vehicle, building, room, or secluded place 3) with the intent to commit sexual assault or unlawful sexual contact upon said child. It is not necessary to a prosecution for attempt under this subsection (1) that the child have perceived the defendant's act of enticement.
Any invitation made by you to a child might be sufficient to meet the government's burden of proving the "invite" element in Colorado. Don't ever invite a child by phone, text, email or chat, to meet with you.
If yours is a police sting case, the police will need to tell you that their character or "child" is less than 15 years of age. If you are actually chatting with a child under 15 years of age, it will be important for the child to communicate their age to you. Otherwise, the police will not have a case. If the "child" states they are fifteen or over, the government is likely seeking to prove another criminal charge.
Next, the Colorado police will need to establish intent to have sexual contact with the child or pretend child. The police record transcripts of internet chats, texts or phone calls to our clients in order to prove these points. Clients should not type or say anything which might make it easier for the government to prove their case.
We often make an entrapment defense for our clients. This is useful when police make the first contact between our clients and their character. One of the important characteristics of Colorado entrapment is that the government played a major role in persuading or leading our clients into the conduct they are involved in.
This offense has sometimes subtle differences from Internet Luring of a Child and Internet Sexual Exploitation of a Child. Consult with your Colorado criminal lawyer to examine which differences might result in a favorable outcome for you.
This offense is a sex offense in Colorado, and if convicted, you will need to register as a sex offender (Colorado Sex Offender Management Board) and complete the onerous requirements of sex offender treatment. Don't gamble with your children, job, marriage and reputation. If you think you might be charged in Colorado with Enticement of a Child, don't speak with the police or "child" at all. Call a Colorado criminal lawyer who knows sex crimes immediately at 303-731-0719.
