Online Chats = Internet Luring in Arapahoe County | Police Entrapment by Pretend Kids
Sexually explicit chats can lead to Internet Luring of a Child charges, under C.R.S. 18-3-306. In Arapahoe County and Douglas County, Colorado, Internet Luring of a Child is charged whenever someone communicates on a computer or telephone with a child less than fifteen years of age. During that conversation, they must discuss or describe “explicit sexual conduct,” and makes an invitation to meet them for any purpose. “Explicit sexual conduct” can include sexual intercourse, masturbation, sadomasochism, sexual excitement, erotic fondling and erotic nudity. The actor must be over four years older than the real or pretend child, as described in the chat transcript. The final step in charging Internet Luring of a Child in Douglas County is when the adult or older extends an invitation to the child to them to meet in person, for any purpose. Internet Luring of a Child is classified as a class 5 felony, but will increase to a class 4 felony when the reason for the meeting with the child (real or pretend) is for sexual exploitation or sexual contact.
Entrapment in Jefferson County Colorado Internet Luring of a Child Charges, C.R.S. 18-1-709
In most cases police agencies in Jefferson County will charge this crime under a police sting, where officers pretend to be a child. This happens a lot, as officers “fish” in an adult only on-line chatroom. This practice raises the question of Entrapment. Jefferson County Entrapment involves inducement by law enforcement, to commit a crime which you would not otherwise have “conceived of or engaged in.” While police can provide an opportunity to commit a crime, they are not supposed to use methods which make commission of the underlying Internet Luring crime so attractive and out of character that the accused was “induced” to commit it.
Definition of Entrapment in Douglas County, Colorado: How to Entrap in Castle Rock
This definition is a bit hard to understand, so reread it a few times, or break it down with colored pens:
The commission of acts which would otherwise constitute an offense is not criminal if the defendant engaged in the proscribed conduct because he was induced to do so by a law enforcement official or other person acting under his direction, seeking to obtain evidence for the purpose of prosecution, and the methods used to obtain that evidence were such as to create a substantial risk that the acts would be committed by a person who, but for such inducement, would not have conceived of or engaged in conduct of the sort induced. Merely affording a person an opportunity to commit an offense is not entrapment even though representations or inducements calculated to overcome the offender’s fear of detection are used. CRS 18-1-709.
The bottom line in my opinion is that Douglas County officers must go to great lengths to get your participating in the crime. The more they try and get you involved in the crime, the more this defense grows.
Denver Internet Luring of a Child in Denver County – Does Entrapment Work With a Jury?
Internet Luring of a Child in Denver County is a sexual offense, and police seem to be given more latitude to abuse people’s rights as long as they catch a “bad guy”. If officers present the opportunity for someone to commit the crime, no one will get too excited about applying this defense. It is a defense which only a jury can decide whether it applies or not. Many defendants will find the defense applicable enough to submit it to a jury, rather than pleading guilty to a sex offense. Of course, you must balance how likely a jury is to give you the defense against their disdain or hate for sexual offenses involving children. In many cases, juries don’t seem to care whether a person was induced or not to commit Internet Luring of a Child in Denver – they just want a chance to show how much they hate sex offenses, by convicting someone.
If you have been charged with Internet Luring of a Child in Fort Collins, Greeley or Loveland and wonder if you were entrapped or can use the entrapment affirmative defense, call the best criminal defense attorneys in Denver at 303-731-0719. Together, we can protect your future.
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