Defense From Internet Luring/Enticement Of A Child
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.
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 15 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.
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 Lifetime Supervision of Sex Offenders 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 ten10 years to as much as the person’s natural life, with a possible jail sentence as a condition of probation of up to 90 days, or up to a two-year work release sentence as a condition of probation, or (2) a sentence to the department of corrections with a bottom range two to six 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 fifteen15. People oftentimes will engage in fantasy role -playing in these chat rooms misrepresenting their true age, gender, and 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-icons, the transmission of any graphic or video images. It may be necessary to elicit the expertise of psychologists who study internet role-playing.
The remaining defenses that may be applied in an internet luring of a child/enticement of a child case apply with equal force to those that may apply in any other criminal case. This includes an analysis of any violation of constitutional rights, such as the right to remain silent, the right to counsel, the right to have any searches and seizures based on probable cause, a proper warrant, and the right to due process in the proper preservation of evidence that may be used against you. Many other defenses are available that rely on scrutinizing and exposing weaknesses in the prosecutor’s case, such as: biased or incompetent witnesses, flawed crime scene investigation, flawed administration and procedures in collecting breath, blood, or urine for forensic testing, incompetent computer evidence, flawed photo line-ups, and inaccurate crime scene/accident reconstructions.
It is important that you hire a skilled and experienced sex offenses lawyer to defend you in an internet luring of a child/enticement of a child case in Westminster, Adams County, or across Colorado.