Defense Against Internet Luring Of A Child Charges In Colorado
Internet luring is the solicitation of a person under the age of 15 over the Internet. Also called enticement, it often involves meeting a minor in a chat room, establishing a relationship over the Internet and then inviting that person to meet.
Challenging Internet Luring require immediate and effective legal assistance. Like all Internet sex crimes, luring is a difficult charge to defend. In recent years, many previously successful defenses have been disallowed. For example, since 2007, it no longer matters if the luring occurred under pretense.
Still, Internet Luring charges can be overcome
At McClintock Criminal Defense, P.C. in Colorado Springs, we aggressively defend clients accused of Internet sex crimes. In luring cases, our attorneys analyze the foundation of the prosecution’s case and do everything we can to tear it down.
We make the prosecution prove beyond a reasonable doubt that the person who engaged in luring was actually our client, and that our client was on the computer at the time and place they say he was. In some cases, we bring in computer experts who can question the validity of the government’s evidence.
Sowing the Seeds of Doubt
We cannot promise success, but we can promise that we will use our knowledge of the law and our years of experience to sow the seeds of doubt in the minds of the jurors and to minimize the potential negative consequences to you.
In many cases, this may involve negotiating to get the charges reduced or plea arraignment that includes probation instead of incarceration.
Following Clients Through Probation
Probation for online sex crimes is not like probation for other offenses. It can include extremely strict conditions and last for the rest of your life. You may not be able to see your own children or family members. And you will likely have to register as a sex offender.
We work with people on probation to help them successfully complete the program, terminate probation early or withdraw their plea to the probation sentence. We are unaware of any other lawyers who provide these services to clients.
If you have been charged with an Internet Luring sex crime in Colorado, please contact our office to discuss your case. The initial consultation is free of charge.
For your reference, following are the updated Colorado statutes for this criminal charge:
Internet Luring C.R.S. § 18-3-306
(1) An actor commits internet luring of a child 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 who the actor knows or believes to be under fifteen years of age and, in that communication or in any subsequent communication by computer, computer network, telephone network, data network, 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 is more than four years older than the person or than the age the actor believes the person to be.
(2) It shall not be a defense to this section that a meeting did not occur.
(a) and (b) (Deleted by amendment, L. 2007, p. 1688, § 8, effective July 1, 2007.)
(3) Internet luring of a child is a class 5 felony; except that luring of a child is a class 4 felony if committed with the intent to meet for the purpose of engaging in sexual exploitation as defined in section 18-6-403 or sexual contact as defined in section 18-3-401.
(4) For purposes of this section, “in connection with” means communications that further, advance, promote, or have a continuity of purpose and may occur before, during, or after the invitation to meet.
Comment from Colorado Springs Defense Attorney Ted McClintock concerning this criminal statute: Please note that this statute requires that a person knows or believes the person they contacted to be under the age of 15. Most often the persons on the other end are cops pretending to be children. A conviction under this charge would require a 10 year period of registration on the Sex Offender Registry after you have completed your sentence.