Internet Luring of a Child, located at C.R.S. 18-3-306, is a harsh sexual crime which raises the first amendment as a possible defense involving constitutional free speech. Why? Because this crime’s terms outlaw discussions with kids NOT intended to result in sexual contact or exploitation. As a result, free speech is criminalized. Let’s dig deeper into this problem and see how an experienced criminal defense attorney can use the constitution to free you from these unwarranted charges in Denver and Jefferson County, Colorado. Read How Anyone Can be Charged with Internet Luring.
Free Speech Under the United States Constitution First Amendment
First, our U.S. Constitution provides that citizens enjoy the right of freedom of speech without interference from the government. Even at the state level, the government is not able to regulate the content of speech unless they have substantial justification. With Internet Luring of a Child, the government is criminalizing the CONTENT of our speech, by saying that if you discuss explicit sexual conduct with someone under fifteen years old and then meet for any purpose (note this is not limited to meetings for a sexual purpose), you are guilty of Internet Luring. The speech is what makes all the difference and triggers the commission of the crime. That makes this crime unconstitutional.
How Defense Attorneys Raise Defenses to Internet Luring in Arapahoe and Douglas County
As the best criminal defense attorneys, our lawyers examine the complete DA file and complete our own investigation. Then, we file motions with the court in order to ask the court to dismiss the case. In most criminal cases today, a Motion to Dismiss is simply not permitted. But, on either Colorado Constitution grounds or Federal Constitutional grounds, laws can be challenged as being overly broad (encompassing constitutional conduct), vague and ambiguous, or violating provisions of the constitution. In the case of Internet Luring of a Child, as long as the meeting with a child was not for a sexual purpose, a strong argument can be made that the law violates the First Amendment to the United States Constitution.
Set Your Criminal Case up for a Successful Appeal
Even if the District Court judge does not grant the motion to dismiss in Adams and Hinsdale County, a decent appeal issue will remain if the defendant goes to trial and loses there. If the defendant takes a plea bargain, they are essentially waiving any right of appeal on this issue. So it is critical that someone charged with this sexual offense not make any decisions on how to proceed with this case unless an experienced defense attorney reviews the case for constitutional law challenges.
We are some of the best Colorado criminal defense attorneys. After over twenty-five years, we understand constitutional defenses and statutory defenses. In addition, our court room experience can’t be beat. We have litigated many serious sex based cases like Internet Luring of a Child to not-guilty verdicts. Never give a statement or answer questions from the police. Instead, remain silent and call us at 303-731-0719 right away. Together, we can protect your future.