The charge of internet luring of a child is surprisingly easy to be charged with. It is frequently in conjunction with Internet sexual exploitation of a child 18-3-405.4. This has been made possible, obviously, by the internet. However, what is not so obvious is that minors can easily get on dating websites that are specifically for people 18 years or older and use them with no consequences. If you do happen to meet someone underage on dating, or “hook up” website, and they blatantly lie about their age, this does not have any determination on if you are charged or not. You WILL be charged.
How is That Possible?
Law enforcement doesn’t care if the alleged victim lied about their age. The legal statutes do not care if the alleged victim lied about her age. The District Attorney handling your case does not care if the alleged victim lied about her age. They only want to prosecute you to the fullest extent of the law. Arguing that THEY lied about their age and YOU are the victim will not benefit you. With that in mind, it is important to understand what the internet luring of a child really means and what the possible penalties are.
What is Internet Luring of a Child?
C.R.S. 18-3-306 – Internet Luring of a Child.
(1) An actor commits internet luring of a child if the actor knowingly communicates over a computer or computer network, telephone network, or data network or by a text message or instant message to a person who the actor knows or believes to be under fifteen years of age and, 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, in connection with that description, makes a statement persuading or inviting the person to meet the actor for any purpose, and 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 that the meeting didn’t occur.
(3) Internet luring of a child is a class 5 felony, except that luring 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 communication that further, advance, promote, or have continuity and may occur before, during, or after the invitation to meet.
What are the Possible Penalties for Internet Luring of a Child?
For a class 5 felony, the minimum is one year and up to 3 years in jail. If the circumstances of your case include a crime of violence presumption then the minimum is 30 months and the maximum of 96 months in jail. You are not subject to lifetime supervision but are required to register as a sex offender for a period of time.
For a class 4 felony, the minimum is 2 years and the maximum is 6 years in jail. If the circumstances of your case include a crime of violence provision then the minimum is 5 years and the maximum is 16 years in jail. You are subject to lifetime supervision and you are required to register as a sex offender.
What to do now?
As you can probably tell, these crimes are very serious. They also happen to be very easy to commit. It never helps that almost all internet luring crimes have the chats or computer data to support their efforts in prosecuting you! I have experience with defending these kinds of crimes as well as past experience of prosecuting them. He knows the tips and tricks of the trade. Contact our office so I can help you protect your rights and advise you on your unique case.
Internet Luring of a child is defined in 18-3-306:
(1) An actor commits internet luring of a child if the actor knowingly communicates over a computer or computer network, telephone network, or data network or by a text message or instant message to a person who the actor knows or believes to be under fifteen years of age and, 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, in connection with that description, makes a statement persuading or inviting the person to meet the actor for any purpose, and 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.
(a) Deleted by Laws 2007, Ch. 383, § 8, eff. July 1, 2007.
(b) Deleted by Laws 2007, Ch. 383, § 8, eff. July 1, 2007.
(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.
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