Unlawful electronic sexual communication is a new law in Colorado that prohibits sexually explicit communication between teens and their teachers, coaches, counselors, and pastors. Similar to internet sexual exploitation of a child and internet luring of a child, this sex offense involves texting, internet chatting, direct messaging, or video chatting content sexual in nature with minors. However, this law now makes those behaviors with 15, 16, and 17 year old juveniles unlawful if the actor is in a position of trust. Any accusations or charges of unlawful electronic sexual communication requires immediate representation from an especially experienced sex crimes attorney.

What is Unlawful Electronic Sexual Communication?

C.R.S. 18-3-418 defines the specific elements of unlawful electronic sexual communication in Colorado:

• An actor commits unlawful electronic sexual communication if the actor knowingly importunes, invites, or entices through communication via a computer network or system, telephone network, or data network or by a text message or instant message a person whom the actor knows or believes to be fifteen years of age or older but less than eighteen years of age and at least four years younger than the actor, and the actor committing the offense is one in a position of trust with respect to that person, to:
  • (a) Expose or touch the person's own or another person's intimate parts while communicating with the actor via a computer network or system, telephone network, or data network or by a text message or instant message; or
  • (b) Observe the actor's intimate parts via a computer network or system, telephone network, or data network or by a text message or instant message.
• An actor commits unlawful electronic sexual communication if the actor knowingly communicates over a computer or computer network, telephone network, or data network or by a text message or instant message to a person the actor knows or believes to be fifteen years of age or older but less than eighteen years of age and at least four years younger than the actor and, in that communication or in any subsequent communication by computer or computer network, telephone network, or data network or by text message or instant message, describes explicit sexual conduct as defined in section 18-6- 403 (2)(e) and, in connection with that description, makes a statement persuading or inviting the person to meet the actor for any purpose, and the actor committing the offense is one in a position of trust with respect to that person.

Penalties for Unlawful Electronic Sexual Communication in Colorado

Unlawful electronic sexual communication is a felony offense throughout the state of Colorado. Conviction can possibly result in:

• up to 3 years in the Colorado Department of Corrections,
• fines of $1,000 – $100,000,
• sex offender registration,
• evaluation / treatment
• sex offender intensive supervised probation

Beyond the period of incarceration and substantial fines, conviction can also lead to especially isolating circumstances. Where you live, who you interact with, and what type of employment you can have are all potential restrictions.

Colorado Sex Crimes Attorney

Any and all accusations of inappropriate electronic communication with juveniles requires contacting a defense attorney immediately. The consequences of internet sex crimes are particularly heavy in Colorado and strategic representation is a must. We have decades of experience representing clients facing sex crime charges as a position of trust. Our results truly speak for themselves. We offer same-day jail visits, affordable fees, and flexible payment plans for those facing accusations.

If you or someone you know is facing internet sex crime charges in Colorado, be smart. Contact the skilled criminal defense lawyers at Sawyer Legal Group, LLC at 303-830-0880. Together, we can protect your future.

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