Here are the specific statutory requirements your Colorado criminal lawyer will need to refute to defeat a charge of Internet Luring of a Child in Colorado:
18-3-306. Internet Luring of a Child.
(1) An actor commits internet luring of a child if the actor 1) knowingly communicates over a computer or computer network, telephone network, or data network or by a text message or instant message 2) to a person who the actor knows or believes to be under fifteen years of age and, 3) 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, 4) in connection with that description, makes a statement persuading or inviting the person to meet the actor for any purpose, and 5) the actor is more than four years older than the person or than the age the actor believes the person to be.
The police or actual child will need to communicate with you by some form of electronic media to prove this charge. This is typically accomplished in Colorado by computer or phone. The "knowingly" element simply means you knew what you were doing.
Next, in Colorado, the police will need to prove that the age of the real or pretend child is less than fifteen or was said to be less than fifteen.
The government will carefully examine the transcript of any correspondence or call to the "child" to see if they can prove "explicit sexual conduct", conveyed by the person charged. In our state, the definition of "explicit sexual conduct" is complex and you will need the assistance of your Colorado criminal attorney to sort through its intricacies.
Although different from Enticement and Internet Sexual Exploitation of a Child in many respects, the Colorado police will also need to prove an invitation to meet with the "child". However, unlike Enticement, if you invited the child to meet for ANY purpose, the government will prove this element. It is not necessary that the meeting be for the purpose of sexual contact.
Finally, your age relative to the child's, is important. You will not be charged if you are within four years of the child's purported age. Your Colorado criminal lawyer may be counting the days to prove you are within four years of the "child".
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 Internet Luring of a Child, don't speak with the police or "child" at all. Call a Colorado criminal lawyer who knows sex crimes at 303-731-0719.
