Just as the internet changed so much of society it also changed the criminal code. Common sex offense charges that involve the internet are Internet Luring, Enticement of a Minor, and Internet Sexual Exploitation of a Child. If you find yourself or a loved one charged with any or all of these, it is important to hire an experienced criminal defense attorney who you trust and who will help you or your loved one through these very difficult charges.
As a prosecutor, I was responsible for creating and training a team that investigated and prosecuted these type of crimes. As a result, I know the common tactics and pattern law enforcement uses in these cases. And I can help you evaluate the strengths and weaknesses of the government’s case.
Conviction of any of these charges carries potential prison and fines. But in addition to the penalties, if you are convicted of any of these crimes you must register as a sex offender.
Often law enforcement issues search warrants for computers and cell phones in relation to these charges. It is important that you hire an attorney who knows the ins and outs of these type of warrants. I have both drafted these type of warrants and defended clients facing these type of warrants.
If you lure the other person with the intent to meet for the purpose of engaging in sexual exploitation of a child, 18-6-403 C.R.S., it is a Colorado class 4 felony. As a class 4 felony, internet luring of a child carries consequences of:
- 2-6 years in prison (with 3 years mandatory parole),
- A fine of $2,000-$500,000, and
- Mandatory registration as a Colorado sex offender.
Internet luring of a child is a Colorado class 5 felony if you don’t meet with the purpose of sexual exploitation of a child. As a class 5 felony, the punishment can include:
- 1-3 years in prison, and/or
- A fine of $1,000-$100,000.
Enticement of a minor is a class 3 felony in Colorado if either:
- The child gets injured physically; or
- The defendant has a prior conviction for enticement of a child,
- A prior conviction for sexual assault on a child,
- A prior conviction for conspiracy or attempt to commit either of the crimes listed above
- 4 to 12 years in Colorado State Prison, and
- A fine of $3,000 to $750,000 (at the court’s discretion).
A first-time conviction of enticement of a child is a class 4 felony if it doesn’t meet the definition listed above. The sentence is:
- 2 to 6 years in prison, and
- A fine of $2,000 to $500,000 (at the court’s discretion).
Whether the defendant is convicted of a class 3 or 4 felony, the defendant must register as a Colorado sex offender.
Internet Sexual Exploitation of a Child
- A person can be charged with internet sexual exploitation of a child if they promote, invite, or entice through communication via an electronic network or system with a person they believe to be under 15 years of age and at least four years younger than the individual, to expose or touch either person’s intimate parts while communicating with the individual via an electronic network or system.
- It is also a crime to observe the actor’s intimate parts via an electronic network or system.
Internet sexual exploitation of a child is a class 4 felony.
Due to the serious nature of these charges, it is important to hire an attorney as soon as possible. And you need to hire an attorney who understands these charges, the defenses, and who can help you navigate the confusing landscape of sex offense charges. I have over 20 years of criminal law experience. As a former prosecutor, I know how the government thinks and works. As an experienced defense attorney, I have worked on substantial, serious cases. As a result, I have the knowledge, experience, and network to help you or your loved one deal with these difficult, emotional, and challenging cases.