Colorado Sex Crime Attorney Blog

A Recipe for Entrapment: Enticement Police Stings in Denver

Posted by Kyle B. Sawyer | Aug 08, 2014 | 0 Comments

Police stings are a recipe for entrapment in Colorado Enticement of a Child cases.
Enticement of a Child is a sex offense in Denver, El Paso, and Adams County. It is most commonly charged after the police run sting operations online in order to catch “child predators.” Police sting operations throughout Colorado are a recipe for entrapment. In some cases, an experienced criminal defense attorney can look at the evidence and prove a person wouldn't have committed a crime without the involvement of the police. Let's look at this crime and its defense closer.

How is a Person Charged with Enticement of a Child?

Enticement of a Child is charged when a person:

  • Invites, or persuades, or attempts to invite or persuade,
  • Any child under the age of fifteen years old,
  • To go into a secluded place, such as a vehicle, building, or room,
  • For the purpose of committing Sexual Assault or Unlawful Sexual Contact against the child.

The police work hard to get the elements they need in order to convict someone of this sex crime. They know what to avoid saying or doing in order to escape the legal defense of entrapment. But, their actions are a recipe for entrapment. Only an excellent criminal defense lawyer knows for sure.

Police Stings: Departments Get Grants to “Catch the Bad Guy”

It's always “in” to catch sexual predators. Yet, we question some of the tactics the police use in order to catch these so-called predators.  Police officers don't browse teen chat rooms – instead, they enter adult chat rooms and pretend to be children. The general public often views police officers who run sting operations as heroes, but they forget that these officers get promotions, rewards, and career advancements when they catch people in police stings. They get grants in order to run the operations. There is a lot at stake for them to supply results.

[pullquote align=”center” textalign=”center” width=”50%”]Police officers pose as children in adult chatrooms as a part of a sting operation.[/pullquote]

Police Stings are a Recipe for Entrapment Defense

Police officers pose as children in adult chat rooms. Once they have engaged someone in conversation, they will try to establish each of the elements of the crime of Enticement of a Child. For example, they will drop a hint that they are under the age of 15 (some of our clients don't catch this hint, it can be subtle), and then suggest an invitation to meet for a sexual purpose. They walk a fine line, however. If they go too far in their suggestion, the entrapment affirmative defense can be used. Colorado law defines Entrapment in this way:

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…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 or engaged in conduct of the sort induced.

In other words, if it can be proved that you would not have committed the crime of Enticement of a Child without the inducement of the police, the affirmative defense of Entrapment may be used. This can be tricky, however, because the law goes on to state that “merely affording a person an opportunity to commit an offense is not entrapment.” Police officers in Arapahoe, Jefferson, and Douglas County work hard to make it look like they simply gave you the opportunity to commit the crime, instead of inducing you to do so.

Why You Need the Best Lawyer for Enticement Charges

If you have been charged with Enticement of a Child, you need to contact an experienced sex crimes defense attorney immediately. This is because you have a lot at stake. Enticement of a Child is subject to:

  • Indeterminate Sentencing: You could spend an unrestricted amount of time in prison.
  • Sex Offender Registration: You will be required to register as a sex offender.
  • Sex Offender Treatment: You will be required undergo treatment overseen by the SOMB.

Don't give up hope – fight the charges against you by working with a knowledgeable criminal defense attorney who knows how to utilize the entrapment defense. We have successfully defended hundreds of clients charged with sex crimes in Englewood, Littleton, and Lakewood. You deserve a lawyer wo fights to win.

Request a Free Consultation

If you or a loved one has been charged with Enticement of a Child, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.

Image courtesy of Simon Howden / FreeDigitalPhotos.net

About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment