Definition of Internet Luring of a Child in Jefferson County and Adams County
The crime of Internet Luring can occur in innocent circumstances. It is designed to result in a conviction, even though someone does not go and meet a child for sex. Basically, you just need to talk with someone under 18 years old on a phone or computer about a sexual subject, and then suggest or ask for a meeting for any purpose. The meeting does not need to be intended for sexual contact. In almost every prosecution we see, this crime involves police posing as kids in adult chat rooms. It is one of the closest charges to entrapment.
Here is the definition of Internet Luring:
Every crime in Colorado has a definition which lists the elements of the crime. The elements are what go into the jury instructions at a trial on the charge. With jury instructions, juries are told #1, #2, #3 and so on, which the prosecution must prove beyond a reasonable doubt. If the jury says the prosecution proved each one of them and that every juror agrees, the defendant is found guilty. If even one juror disagrees, then the person cannot be found guilty. For the charge of Internet Luring of a Child, here are the five elements in the definition:
(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.
(2) It shall not be a defense to this section that a meeting did not occur.
(3) Internet luring of a child is a class 5 felony; except that luring of a child is a class 4 felony if committed with the intent to meet for the purpose of engaging in sexual exploitation as defined in section 18-6-403 or sexual contact as defined in section 18-3-401.
(4) For purposes of this section, “in connection with” means communications that further, advance, promote, or have a continuity of purpose and may occur before, during, or after the invitation to meet.
Internet Luring of a Child in Douglas and Arapahoe County – What is the Penalty?
As stated above, Internet Luring of a Child in Douglas and Arapahoe County is a class five felony. This means the typical range for a prison sentence is 1-3 years, plus parole. With any felony, prison is a possible sentence. You can’t go to prison for a misdemeanor conviction. Many people we speak to though, would rather serve time in prison than at the county jail. They say there is a lot more room to roam around in at prison. They also say there are more freedoms and more programs. The Douglas County jail and the Arapahoe County Jail are known for being strict and keeping people in their jail cells for most of the time.
Denver Attorney for Internet Luring of a Child – Why Call Us?
The lawyer you call can make all the difference in the world for the outcome of your case. If you want someone who will give your case a fresh legal review, call our attorneys. If you want someone in Denver who cares about the outcome of your case and who will worry for you, call our lawyers. We investigate cases and don’t just take the word of police investigators and detectives. Did you know what most police detectives will only speak with witnesses they think will help them prove their case against you. Plus, many detectives will misquote or leave out statements from anyone who is favorable to you. This is not a truth finding process. When police contact you or someone accusing you, they are looking for a conviction – plain and simple. Don’t be naive. Officers don’t get promoted for dismissing cases or siding with the accused.
Our criminal defense attorneys defend people accused of Internet Luring of a Child. We fight for your freedom. So, never speak with the police. Instead, call us 24/7 at 303-731-0719 today. Together, we can protect your future.
Image Credit: FreeDigitalPhotos.net – patrisyu