We are often asked the question: “What is the difference between internet luring and enticement of a child?” The differences between the charges of Internet Luring of a Child and Enticement of a Child are very minor, and are difficult to tell apart. The consequences for a conviction of either offense in Adams, Arapahoe and Douglas County are very harsh. Colorado has extremely strict rules regarding sex offenders. It is vital to your future that you have an experienced sex crimes defense attorney by your side to fight for your freedom in Denver and Jefferson County.
What is Internet Luring in Colorado?
Internet Luring – C.R.S. 18-3-306, is charged when a person:
- Knowingly communicates over a computer, online, over the phone, by text message or instant message with a person that they know, or believe to be “under fifteen years of age and, in that communication…describes explicit sexual conduct, and in connection with that description, makes a statement persuading or inviting the person to meet…for any purpose.”
In order for Denver police to charge you with internet luring, they must prove that you (1) knew that the person you were talking to was under 15 years old, (2) that you described explicit sexual conduct (3), and that you made a statement inviting the person to meet for any purpose.
What is Enticement of a Child in Colorado?
Enticement of a Child – C.R.S. 18-3-305, is charged when a person:
- “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.”
In order for the cops to charge you with enticement of a child, they must prove that you (1) knew the person you were talking to was under fifteen, (2) and that you invited, or attempted to persuade them to meet you with the intent of having sex.
What is the Difference Between the Internet Luring and Enticement of a Child?
The difference between Internet Luring of a Child and Enticement of a Child lies in the meeting, and the intent. If you were talking with an underage girl in a chat room, were discussing explicit sexual conduct, and then mentioned a meeting for any purpose (even if it wasn't for sex), you can be charged with internet luring. In order to be charged with Enticement, however, it must be proven that you wanted to meet with the intent to have sex.
Internet Luring of a Child is class 5 felony – you could spend up to 3 years in the Colorado Department of Corrections if convicted. However, if it is proved that you wanted to meet for the purpose of sexual contact, or sexual exploitation (sexual exploitation is the creation or control of child pornography), then you will be charged with class 4 felony. Both class 4 felony internet luring and enticement of a child are subject to indeterminate sentencing – you could spend your life in prison. If you are charged with any degree of either of these offenses, you will be required to register as a sex offender and go through sex offender treatment. You could lose contact with your family, lose your job, and be subject to the whims of your probation officer, who believes you are a danger to society as a sex offender.Request a Free Consultation