Sexual Assault on a Child is charged in Denver, Castle Rock, and Aurora when a person is alleged to have physical sexual contact with a minor. It is charged as an Attempt crime when the person a substantial step toward committing a crime. A Weld County man was recently arrested after homeland security led an undercover online sting operation for crimes against children. The man had made contact with an undercover agent posing as a mother of a 14-year-old girl online. They had sexually explicit conversations, which included a plan to meet at a motel in Greeley and have sex with both the mother and the teenage daughter. When he arrived at the location, he was arrested for Attempted Sexual Assault on a Child.
Douglas County Sexual Assault on a Child Lawyer: Definition of Sexual Assault on a Child in Arapahoe County
The Arapahoe and Douglas County, Colorado law definition of Sexual Assault on a Child – C.R.S. 18-3-405 – is:(1) Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim.
Obviously, based on the definition, Sexual Assault on a Child is a contact crime. Meaning there must be physical contact to charge the crime. So, how was the man above charged with this crime when there wasn't even a real child involved? Through the Attempt statute.
Attempt in Jefferson and Adams County: What is an Attempted Crime?
The Adams and Jefferson County, Colorado law definition of Criminal Attempt – C.R.S. 18-2-101 – is:(1) A person commits criminal attempt if, acting with the kind of culpability otherwise required for commission of an offense, he engages in conduct constituting a substantial step toward the commission of the offense. A substantial step is any conduct, whether act, omission, or possession, which is strongly corroborative of the firmness of the actor's purpose to complete the commission of the offense.
The DA would likely make the arguments that by having a sexually explicit discussion, acknowledging that the girl was a minor and that he knew it was illegal to have sexual contact with her, and scheduling a time and place to meet, his actions would be considered a ‘substantial step.'
If you or a loved one has been charged with Sexual Assault on a Child or any Attempted sex crime, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O'Malley Law Office at 303-830-0880. Together, we can protect your future.
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