The times are changing in Denver, Arapahoe and Jefferson County. This is especially true in regard to crimes and how they are investigated. In the past, police stings took place in a physical world. Undercover police officers posed as drug dealers or other criminals to catch perpetrators in the act. This has all changed with the dawn of the internet, however. Online crimes are now common. Take, for example, Internet Luring of a Child – C.R.S. 18-3-306 or Internet Sexual Exploitation of a Child – C.R.S. 18-3-405.4. These crimes are committed online – when a person communicates in a sexual way with a child over the internet or phone. Police investigate these crimes by posing as underage girls on social media accounts and in adult chat rooms. These new sting operations leave a lot of room for miscommunication, however. There are often arrests throughout Colorado. Just last week (read the original article in the Denver Post), a Colorado Springs man was arrested and charged with Internet Luring after he communicated with an undercover police officer posing as a 14 year-old girl in Centennial. Let's take a closer look at this crime:

What Is Internet Luring of a Child?

In order to be charged with Internet Luring of a Child in Adams, Larimer and Douglas County, four things must be established:

1. That the defendant knowingly communicated online or over the phone with a child they believed to be under the age of 15, and
2. During the conversation, the defendant described explicit sexual conduct, and
3. In connection with the discussion, makes a statement which persuades or invites the child to meet for any purpose.
4. The defendant must be more than four years older than the child (or four years older than they believe the child to be) in order to be charged.

The Dangers of Virtual Police Stings

When law enforcement agencies are conducting virtual police stings, they direct conversations in different ways to gather the evidence they need. They have to state at some point during the conversation that the person they are posing as is under the age of 15. Occasionally, we are asked if the entrapment defense can be used (the entrapment defense can be used in situations where a person would not have committed a crime if the police hadn't created an opportunity). Unfortunately, this defense can only be used in rare cases.

Caught by a Virtual Police Sting? Why You Need an Experienced Lawyer

If you have been charged with Internet Luring of a Child, it is vital that you contact an experienced criminal defense attorney immediately. If you are charged with a class 4 felony of Internet Luring of a Child, you could go to prison for many years. This is because the class 4 felony is subject to indeterminate sentencing. Even if you are convicted of a class 5 felony, you will be facing possible prison time, registration as a sex offender, and sex offender treatment overseen by the Sex Offender Management Board. Don't stand alone in front of a judge or work with an inexperienced lawyer. You need the best criminal defense lawyer to fight on your behalf.

Request a Free Consultation

If you or a loved one have been charged with Internet Luring of a Child after a virtual police sting, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office at 303-830-0880, or submit the “Get Help Now” form.
Together, we can protect your future.

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