Internet Luring / Enticement of a Child
Expert Attorneys in Westminster, Adams County, or Colorado, Ready to Represent You
If you have been accused of internet luring or enticement of a child, you have the right to fight the charges. An experienced attorney can help. At Pearson & Paris, P.C., we have more than 50 years of
combined legal experience that we will use in your defense. Perhaps more importantly, our top criminal defense attorney is a former senior prosecutor who knows how district attorneys handle these cases. That knowledge allows us to create effective strategies ranging from negotiation to courtroom battles.
Whether in the Denver area, or anywhere in Colorado, internet luring of a child generally occurs where a person knowingly communicates over a computer network to a person who the actor knows or believes to be under fifteen years of age, and in that communication describes explicit sexual conduct, and in connection with the communication makes a statement persuading the underage person to meet the actor, and the actor is more than four years older than the underage person.
Where a defendant is then arrested as he invites the underage person into his vehicle, typically an additional charge of enticement of a child is filed against the defendant.
Possible Consequences for Internet Luring of a Child / Enticement of a Child
If convicted of internet luring of a child or enticement of a child, the person is exposed to the Sex Offenders Lifetime Supervision Act, which imposes an indeterminate sentence with a maximum possible sentence of life imprisonment. A person who is convicted of a class 4 felony internet luring of a child or enticement of a child could receive the following sentence: (1) probation of a minimum ten years to as much as the person’s natural life, with a possible jail sentence as a condition of probation of up to ninety (90) days, or up to a two (2) year work release sentence as a condition of probation, or (2) a sentence to the department of corrections with a bottom range two (2) to six (6) years, but as much as the person’s natural life, with a mandatory parole period of three years to life.
In addition to any sentence a person receives for sexual assault, the person must also register as a sex offender.
Possible Defenses for Internet Luring of a Child / Enticement of a Child
Many times these cases arise where a person’s inhibitions have been lowered by the use of alcohol while roaming in adult only romance chat rooms. The person will encounter someone in this adult only chat room who represents “herself” to be less than fifteen. People oftentimes will engage in fantasy role playing in these chat rooms misrepresenting their true age, gender, sexual interests, and assuming different identities. In this environment, it may be reasonable to conclude that someone who represents themselves as underage in an adult only chat room is only assuming a fictitious identity for the purpose of engaging in erotic chats. All too often, the person is then baited by the personality, who later turns out to be an undercover police officer, to meet for the purpose of engaging in sexual conduct. A meeting sometimes occurs within the context of prolonging the role playing.
In these cases it is important to preserve the forensic computer records to analyze the exact nature of the chat, the transmission of any emotion-cons, the transmission of any graphic or video images. It may be necessary to elicit the expertise of psychologists who study internet role-playing.
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