Charged With A Crime? It Doesn’t Mean You’re Guilty.

Comity & Out of State Internet Luring & Enticment

| Dec 28, 2013 | Internet Luring |

It sometimes strikes me as unfair that police and other law enforcement in Colorado go after men and women who have never set foot in Colorado. In recent years, there has been an increase in arrests and warrants for out of state conduct based on sexual conversations in internet chats. The crimes of both Enticement of a Child and Internet Luring in Denver, Douglas and Jefferson County are often based in out of state conduct.

Colorado’s C.R.S. 18-1-201 Authorizes Extrajudicial Jurisdiction & Arrests

(1) A person is subject to prosecution in this state for an offense which he commits, by his own conduct or that of another for which he is legally accountable, if:

(a) The conduct constitutes an offense and is committed either wholly or partly within the state; or

(b) The conduct outside the state constitutes an attempt, as defined by this code, to commit an offense within the state; or

(c) The conduct outside the state constitutes a conspiracy to commit an offense within the state, and an act in furtherance of the conspiracy occurs in the state; or

(d) The conduct within the state constitutes an attempt, solicitation, or conspiracy to commit in another jurisdiction an offense prohibited under the laws of this state and such other jurisdiction.

(2) An offense is committed partly within this state if conduct occurs in this state which is an element of an offense or if the result of conduct in this state is such an element. In homicide, the “result” is either the physical contact which causes death or the death itself; and if the body of a criminal homicide victim is found within the state, the death is presumed to have occurred within the state.

(3) Whether an offender is in or outside of the state is immaterial to the commission of an offense based on an omission to perform a duty imposed by the law of this state.

As a result, when a man or woman engages in sexual conversation with someone in Colorado, and the conversation violates Colorado’s Enticement or Internet Luring laws, they will be held responsible as if they were in Adams, Arapahoe or Weld County when they committed the offense. Other states must respect Colorado’s effort to return them here for prosecution.

Comity & Article 4 of the U.S. Constitution

Once Colorado decides to pursue someone from another state, the federal law of comity kicks in under article IV of the U.S. Constitution: “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.” So, other states must permit and assist Colorado police in bringing these law violators back here.

If you have been arrested or contacted by police for conduct outside Colorado, always remain silent, and call our Internet Luring and Enticement lawyers at 303-731-0719. Together, we can protect your future.