In an police sting in Denver, Colorado, a man has been caught and arrested for Internet Luring of a Child, C.R.S. 18-3-306 along with attempted Sexual Assault on a Child, C.R.S. 18-3-405 (conduct involving a substantial step toward the commission of a crime). This man was on parole as a sex offender prior to contacting the thirteen year old child over Facebook. The man told the child he was studying “sexology” in school, and encouraged the girl to meet with him for a sexual purpose. After the girl told her mother, it was reported to the Arapahoe County Sheriff’s Department, who set up a meeting with an officer pretending to be the girl. For the sexual relationship, the man offered to travel to pick up the girl. Instead of meeting her, he was arrested for these serious sexual offenses.
Elements of Internet Luring in Colorado?
Charges of Internet luring result when a someone is online, on the phone, or communicates by text, with someone they know to be under fourteen years old or younger (less than 15), and they discuss “explicit sexual conduct” (of a sexual nature). An additional, essential element, is that the person charged make a statement “persuading or inviting” a child (under 15) to meet for any purpose.
•· The suggested meeting does not need to be for a sexual encounter. Even a nonsexual meeting purpose is sufficient to support charges of internet luring, provided sexually explicit conduct was covered in the communication.
•· Also, an actual meeting doesn’t need to occur – it simply needs to be suggested in the communication.
Sentence Ranges for Internet Luring in Arapahoe, Adams and Douglas County
Internet Luring of a Child is a Class 5 felony, but it is a Class 4 felony if it was committed with the intent to meet for a sexual encounter. Attempted Sexual Assault on a Child is a Class 5 felony. The following are the normal sentence ranges, but they can vary under “exceptional circumstances” as defined by Colorado statute.
Class 5 Felony:
•· 1 – 3 years in the Colorado Department of Corrections
•· $1,000 – $100,000 fine
Class 4 Felony:
•· 2 – 6 years in the Colorado Department of Corrections
•· $2,000 – $500,000 fine
If you or a loved one has been contacted by the police regarding internet luring of a child, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 303-830-0880, or submit the “Get Help Now” form. Together, we can protect your future.
Source: CBS Denver – http://denver.cbslocal.com/2013/08/05/undercover-stings-nets-man-accused-of-internet-luring/