Colorado Sex Crime Attorney Blog

Entrapment Defense in CO: Affirmative Defense to Internet Sex Crimes

Posted by Kyle B. Sawyer | Apr 15, 2014 | 0 Comments

Learn when the entrapment defense could be used in Colorado.
If you have been charged with an internet sex crime in Adams, Jefferson, or Douglas County such as Internet Luring of a Child – C.R.S. 18-3-306, Internet Sexual Exploitation of a Child – C.R.S. 18-3-405.4, or Enticement of a Child – C.R.S. 18-3-305, you need to contact an experienced criminal defense attorney immediately. This is because there is an affirmative defense we may use in your case, depending on the circumstances. This defense is called Entrapment – C.R.S. 18-1-709. Let's look closely at this defense to determine its usefulness in your case:

Entrapment – A Simple Explanation

Put simply, an affirmative defense allows you to say: “Yes, I committed the crime in question. But, I have a legal trump to the charges against me.” Entrapment essentially states that you wouldn't have committed the crime you have been charged with, without the involvement of the police or government. The Entrapment statute states:

“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 another 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 of or engaged in a conduct of the sort induced.”

[pullquote align=”center” textalign=”center” width=”60%”]When a person is charged with an internet sex crime as a result of a sting operation, the Entrapment defense is sometimes plausible.[/pullquote]

Situations When Entrapment is a Plausible Defense

When a person is charged as a result of police internet sting operations, the Entrapment defense is sometimes plausible. Police often pose as underage children interested in discussing sex in adult chat rooms. The police often drop hints they want to meet for a sexual encounter during a discussion, hoping the man will take the bait and suggest a meeting (which is needed in order to be charged with Internet Luring or Enticement of a Child). If it can be proven the police tempted a person to the extent they were the greatest contributor to the crime which was committed, the Entrapment defense can be used in Larimer, Arapahoe, or Denver County.

Difficulties with the Entrapment Defense

The government has made it difficult to use this defense in many situations, however. The police have covered their tracks and limited the use of this defense by adding specific language to the statute: “But for such inducement, would not have conceived of or engaged in the conduct…merely affording a person an opportunity to commit an offense is not entrapment even though representations or inducements calculated to overcome the offender's fear of detection are used.” In other words – the police will do everything within their power to get you to commit a crime, and unless they were obnoxious and obvious, the entrapment defense is made void.

Why You Need an Experienced Criminal Defense Attorney

If you have been charged with an internet sex crime as a result of a police sting, don't hesitate to contact an experienced lawyer at our office. We will look at your specific situation to determine whether or not the Entrapment defense can be utilized. Don't put your future in the hands of an inexperienced public defender or divorce lawyer. Work with the skilled sex crimes attorneys at our office who have years of experience fighting on the behalf of people who have been charged in police stings.

Request a Free Consultation

If you or a loved one has been charged with an internet sex crime and you believe the affirmative defense of Entrapment may be applicable, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880, or submit the “Get Help Now” form. Together, we can protect your future.

Image courtesy of ratch0013 /

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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