Colorado Sex Crime Attorney Blog

Denver Entrapment Defense and Definition | Enticement of a Child Cases

Posted by Kyle B. Sawyer | Oct 14, 2015 | 0 Comments

Are you familiar with the term ‘entrapment'? In internet sexual offense cases, entrapment occurs whenever police induce a defendant to commit a crime they wouldn't have committed without police involvement. Since entrapment can cause someone (who may have otherwise been innocent) to commit a crime, it can also be used as a defense by experienced criminal defense lawyers in an Enticement of a Child case. Let's learn more about Enticement of a Child and the entrapment defense in Denver, Douglas County and across Colorado.

When is Enticement of a Child Charged in Denver, Colorado?

To be charged with Enticement of a Child in Denver and across Colorado, C.R.S. 18-3-305, someone must:

  1. Invite or persuade or make an attempt to invite or persuade a child under fifteen years of age to enter a vehicle, building, room or secluded place;
  2. Make the invitation or attempt to make the invitation with the intent to commit sexual assault or unlawful sexual contact upon that child.

Enticement of a Child can be charged as a class 3 or class 4 felony in Colorado.

How Does Entrapment Happen in Jefferson County and Across Colorado?

Entrapment occurs in Jefferson and Arapahoe County when police go online, find chat rooms and find conversations with sexual language. A police officer must state an age under fifteen in order for them to claim the defendant agreed to meet for sex with a child. Once police start a conversation with a defendant in a chat room or over text, they pretend to be a child and act interested in meeting the defendant in person. They'll then collect all evidence through internet chats, texts or phone calls. Often, there are innocent people who wouldn't have asked or even tried to ask a child to meet with them, if it weren't for police entrapment. A defendant may not even be looking to meet a child online to start a relationship with—he / she may be looking to meet another adult. But, if a police officer engages with the defendant and acts excited about meeting the defendant in person, it might influence them to meet with the child.

Entrapment Defense in Colorado

Police can overstep their boundaries when trying to make an arrest for an internet sex crime in Aurora and Highlands Ranch, Colorado. And, if you aren't aware of the entrapment defense, you can fall victim to their schemes. There are many cases where an experienced attorney can use the entrapment defense. The entrapment defense is supported under Colorado law, C.R.S. 18-1-709, which says:

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 or engaged in conduct of the sort induced.

If a sex crimes defense lawyer can prove you were induced (persuaded) to commit the crime of Enticement of a Child by police, they may be able to use the entrapment defense and you may be able to receive a case dismissal or dropped charges.

Why You Need the Best Denver Sex Crime Defense Lawyers

Enticement of a Child convictions can ruin anyone's life. If convicted, you could face a lengthy prison sentence, lose contact with your own children or even lose your job if you work with children. That's why you should avoid making any statements to children online, over text or over the phone about meeting them. Enticement of a Child is also a sexual offense in Denver, El Paso County and across Colorado. It requires sex offender treatment and sex offender registration. Sadly, Enticement of a Child is also subject to indeterminate sentencing, which means a judge won't put an upper limit on your prison sentence. I find this absurd for people who had no intention of meeting a child for sex but were influenced by police who pretended to be a child. Consult a sex crimes lawyer today if facing any criminal charges of Enticement of a Child.

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 the best criminal defense attorneys at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.

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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.


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