The charge of enticement of a child is as serious as it sounds. The most common way that this happens is when the alleged victim lies about their age. This happens all the time. Unfortunately, we live in a society where the victim lying about their age is not a defense to the crime of enticement of a child. Their legal age and the Age of Consent laws in Colorado will prevail in most cases.
Let’s try to understand the charge of enticement of a child as well as the possible penalties.
What is Enticement of a Child?
C.R.S. 18-3-305, Enticement of a Child is;
(1) A person commits the crime of enticement of a child if he or she invites or persuades, or attempts to invite or persuade, a child under the age of fifteen years to enter any vehicle, building, room, or secluded place with the intent to commit sexual assault or unlawful sexual contact upon the said child. It is not necessary to a prosecution for attempt under this subsection 91) that the child has perceived the defendant’s act of enticement.
(2) Enticement of a child is a class 4 felony. It is a class 3 felony if the defendant has a previous conviction for enticement of a child or sexual assault on a child or for conspiracy to commit or the attempted commission of either offense or if the enticement of a child results in bodily injury to the child.
(3) When a person is convicted, pleads nolo contendere, or receives a deferred sentence for a violation of the provisions of this section and the court knows the person is a current or former employee of a school district in this state or holds a license or authorization pursuant to the provisions of article 60.5 of title 22, C.R.S. the court shall report such fact to the department of education.
What are the Possible Penalties for Enticement of a Child?
The penalties for a class 4 felony enticement of a child is a minimum of 2 years and a maximum of 6 years in prison. If it is found that your charge is under a crime of violence provision then that range changes from a minimum of 5 years to a maximum of 16 years in prison. This charge is subject to lifetime supervision and requires registration on the sex offender registry.
The penalties for a class 3 felony enticement of a child is minimum of 4 and a maximum of 12 years in prison. If it is found that your charge is under a crime of violence provision then that range changes from a minimum of 10 years to a maximum of 32 years. This charge is subject to lifetime supervision and requires registration on the sex offender registry.
What to do next?
One of the hardest aspects of fighting one of these cases is all the evidence is preserved online. This makes it harder to develop a theory of defense. M. Colin Bresee is not only experienced at defending these kinds of cases but also has past experience with prosecuting these cases. Call or email our office so that Mr. Bresee may better advise you of your rights, and your unique case.
Enticement of a child § 18-3-305
(1) A person commits the crime of enticement of a child if he or she invites or persuades, or attempts to invite or persuade, a child under the age of fifteen years to enter any vehicle, building, room, or secluded place with the intent to commit sexual assault or unlawful sexual contact upon said child. It is not necessary to a prosecution for attempt under this subsection (1) that the child have perceived the defendant’s act of enticement.
(2) Enticement of a child is a class 4 felony. It is a class 3 felony if the defendant has a previous conviction for enticement of a child or sexual assault on a child or for conspiracy to commit or the attempted commission of either offense, or if the enticement of a child results in bodily injury to that child.
(3) When a person is convicted, pleads nolo contendere, or receives a deferred sentence for a violation of the provisions of this section and the court knows the person is a current or former employee of a school district in this state or holds a license or authorization pursuant to the provisions of article 60.5 of title 22, C.R.S., the court shall report such fact to the department of education.
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