Colorado Child Enticement Lawyers

Sexual exploitation of a child charges in Colorado are one of the most serious accusations someone can face. Child enticement carries severe legal, professional, and personal consequences. Seeking legal counsel is crucial to protecting your rights and future. 

At Robinson & Henry, our seasoned criminal defense attorneys leverage unique insight into how these cases are built and prosecuted. As former prosecutors and public defenders, we have amassed decades of experience and developed persuasive courtroom skills that offer you a path forward.

What is child enticement?

Child enticement is a class 4 felony that carries severe penalties if you’re convicted. Under Colorado’s Enticement of a Child law, inviting or persuading a minor younger than fifteen to “enter any building, vehicle, room, or secluded area with the intent to commit sexual assault or unlawful sexual contact.” Attempting to invite or persuade the child is also considered child enticement under this statute. C.R.S. 18-3-305

Note: The child doesn't need to understand the intentions of the invitation for you to be prosecuted. 

This offense increases to a class 3 felony if you have previous related convictions. 

Key Elements Prosecutors Must Prove

To convict you of child enticement, prosecutors must successfully prove several distinct elements beyond a reasonable doubt.

Attempt 

 The first element is demonstrating that you took a specific action—either attempting to invite or actively persuading a child. When we talk about "attempt," it means the prosecution needs to show you made a “substantial step” toward committing the offense.

Intent

Beyond the action itself, prosecutors must prove your intent. Under Colorado law, intent means they have to demonstrate you had a conscious objective to commit sexual assault or unlawful sexual contact against the child. Prosecutors often rely on circumstantial evidence to prove this element. For example, they might point to alleged actions like exposing oneself or making explicit statements to the child, claiming these show a conscious objective to entice the child. 

Internet-Based Child Enticement and Luring

Under Colorado law, Internet sexual exploitation of a child occurs when an individual (the actor) knowingly harasses, invites, or entices a minor believed to be under fifteen years of age to expose or touch their intimate parts, or have them observe the actor's intimate parts. The law states the actor must be at least four years older than the child. 

Law enforcement and prosecutors can use practically any form of electronic communication to build an Internet-based child enticement case against you, including: 

• social media platforms, 

• online gaming forums, 

• chat rooms, 

• phone calls, 

• text messages, 

• and email. 

Unlawful Sexual Contact

If you’re charged with unlawful sexual contact in Colorado, the prosecution will argue that you knowingly subjected someone to any form of sexual contact without their consent. These charges, which can be charged as a misdemeanor or a felony, can also apply if the alleged victim is incapable of understanding the nature of the conduct. C.R.S. 18-3-404 

Charges can also be brought if the alleged sexual contact occurred through deception. A real-world example is a doctor being accused of convincing a patient that a certain type of touching is part of their examination. 

Penalties Increase for Victim Minors and Use of Force

Charges involving a minor are particularly serious. If the alleged victim is under 18, the offense increases to a class 4 felony. The same is true if prosecutors say you used force, intimidation, or threats to compel compliance from the alleged victims. 

If the alleged victim in your case is under 15 and you are at least four years older than them, you’re likely facing sexual assault on a child charges. This charge remains a class 4 felony unless the district attorney’s office says you used force, threats, or a pattern of sexual abuse to commit the crime, which increases the charges are a class 3 felony. 

Human Trafficking of a Minor for Sexual Servitude

Human Trafficking of a Minor for Sexual Servitude is a Class 2 felony in Colorado.  The legal definition of human trafficking of a minor for sexual servitude in Colorado is quite broad. The DA’s office will allege that you were knowingly involved in actions to facilitate human trafficking, such as:

• selling, 

• recruiting, 

• transporting, 

• solicitation of a minor for commercial sexual activity

• advertise, 

• offer, 

• sell travel services. C.R.S. 18-3-504

There are some serious aspects of this charge that you need to understand upfront. The law is explicit about what is not a valid defense in a human trafficking case involving a minor.

First, we cannot argue that the minor consented to the activities. Second, you cannot claim you didn’t know the minor's true age or that you reasonably believed they were 18 or older. This remains true even if the minor or someone else told you they were of legal age. 

Solicitation or Inducement of Child Prostitution

The crimes of soliciting and inducing child prostitution are distinct, but are both class 3 felonies. 

Solicitation of child prostitution occurs when a person solicits, arranges, or offers to arrange a meeting for the purpose of a child's prostitution. It also includes directing someone to a place with the knowledge that the direction is for child prostitution. C.R.S. 18-7-402

Inducement of child prostitution is committed when a person, through their words or actions, persuades or influences a child to engage in an act of prostitution. The law defines 'prostitution by a child' as a minor performing, offering, or agreeing to perform various sexual acts in exchange for money or something else of value. C.R.S. 18-7-405.5

It’s important to understand that both of these offenses focus on your actions—whether that’s arranging a meeting or actively persuading a child. An important legal point for both of these offenses is that the crime is considered complete as soon as the act of solicitation or inducement takes place, regardless of whether the sexual act ultimately occurred. This means the prosecution only has to prove that the alleged attempt or persuasion occurred with the prohibited intent.

Understanding Sting Operations

Sting operations are a common law enforcement tactic, as agencies are well aware that various online forums can be used to exploit minors. 

A sting operation generally involves officers posing as a minor child to find individuals they believe are willing to commit crimes against children. In a sting, they will communicate with an individual and arrange a meeting. As I’ve mentioned, the “child” in these operations does not have to be real for a crime to have been committed. This is where the potential entrapment defense comes into play, and I will discuss it in detail. 

In Colorado, entrapment occurs when police induce an otherwise law-abiding citizen to commit a crime they would not have otherwise committed. The key question is whether police persuaded or led you to do something you were not already predisposed to do. 

If you would not have committed this crime if not for the police, then we need to explore the entrapment defense. This is a critical point we will discuss when we go over the details of your case. 

Sting operations must adhere to strict guidelines to avoid entrapping individuals. 

The Complication of “Good Samaritan” Groups

Legal complexities and potential for procedural errors in civilian sting operations targeting perpetrators of child sexual exploitation can arise primarily from the crucial distinction between private citizens and trained law enforcement. 

It's important to understand that private individuals conducting these operations are not considered law enforcement under Colorado law. Unlike peace officers or prosecutors, who have statutory authority and procedural safeguards for their investigations, civilian groups lack this legal standing.

Common procedural errors might look like mishandling evidence or failing to follow proper investigative standards. This stands in contrast to law enforcement stings, which are conducted under strict protocols designed to ensure evidence is admissible in court and that constitutional rights are protected. 

Their actions may also lead to civil rights violations. While a civilian isn't typically acting under the authority of the state, if they work closely with law enforcement, they could be considered part of the 'prosecution team.' Other legal disadvantages of being targeted by one of these groups include:

• Jury prejudice: The public shaming and online publicity generated by a vigilante group can make it extremely difficult to find an impartial jury. This can be a major hurdle to overcome in court, even if a solid legal defense exists. 

• Emotional toll: The public harassment and digital footprint left by a vigilante group can be emotionally devastating for a client and their family, adding immense stress to an already difficult legal battle.

• Public scrutiny: The case becomes a public spectacle - every detail of the legal process and the client's life can potentially be broadcasted and commented on by the group's followers.

Core Defense Strategies to Challenge the Prosecution’s Case

A charge of child enticement in Colorado can be challenged using a number of key legal defenses grounded in established legal precedent. Core defense strategies include:

Mistaken Belief Regarding the Victim's Age

You could also raise an affirmative defense by demonstrating that you reasonably believed the victim was eighteen or older. This defense, however, is only available if the victim was at least fifteen years old and you were not in a position of trust with the child. Remember, this defense cannot be used in human trafficking cases involving minors.

Lack of Requisite Intent

A conviction for child enticement hinges on proving that you had the specific intent to commit sexual assault or unlawful sexual contact. The law requires prosecutors to prove that you knowingly invited or persuaded a child under fifteen to come to a secluded place, intending to commit this crime.

Insufficient Evidence

If the prosecution doesn’t have enough evidence to support its case, our team will show that it failed to meet its legal burden. 

Targeting Specific Elements of the Crime

A core defense strategy in child enticement cases involves challenging the prosecution's ability to prove each required crime element. Rather than relying on a single defense, this approach systematically attacks the foundation of the case by casting doubt on the evidence presented for each of the following elements:

Lack of Invitation

The prosecution must prove that you knowingly invited or persuaded the child. We will argue that the communication did not rise to the legal level of an invitation or persuasion. This might involve us showing that you did not initiate the contact, that the conversation was non-committal, or that the alleged "invitation" was too vague to constitute a criminal act.

Age of the Alleged Victim

Prosecutors must prove beyond a reasonable doubt that the alleged victim was under fifteen years old. We can challenge this by scrutinizing the evidence used to establish the victim's age. If the evidence is inconsistent or unreliable, we’ll argue that the prosecution didn’t meet its burden.

Lack of Intent

As I previously mentioned, the prosecution must prove that you specifically intended to commit a sexual assault or unlawful sexual contact. This is a mental state element and is often difficult to prove. Our team can argue that while the communication may have been inappropriate, it did not demonstrate the specific criminal intent required by the law. We’ll argue a lack of intent by pointing to the absence of explicit statements or actions that would prove a criminal objective.

Secluded Place Requirement

For a conviction, the prosecution must prove you attempted to persuade the child to enter a 'secluded place.' We can challenge this element by arguing that the location in question—such as a vehicle or building—does not meet the legal definition of 'secluded' because it would not sufficiently conceal the activity from public view or prevent detection.

Perception of the Act by the Child

Our attorneys will scrutinize the communication between you and the child to challenge the core idea of enticement. This may involve arguing that the communication was not persuasive, that you didn’t influence the child, or that the conversation resulted from the child's own actions. This is a subtle defense that requires a very careful analysis of the evidence.

Other Defense Considerations

Traverse Defense

A traverse defense challenges the prosecution's ability to prove one or more elements of the offense. For instance, you might argue that the prosecution has failed to establish that the alleged victim was under fifteen years old or that you ever engaged in an act of enticement. Unlike an affirmative defense, this does not require you to admit to any conduct-- it simply seeks to cast doubt on the prosecution's evidence.

Constitutional Challenges

Though less common, you can challenge the statute itself, arguing it is too vague or overbroad.

Navigating the legal landscape of child enticement charges in Colorado requires a deep understanding of these nuanced and complex defenses. Each case presents unique strategic opportunities, from challenging the prosecution's evidence to raising affirmative defenses. The severity of the potential penalties means that a meticulously planned defense is necessary. Securing legal counsel with a profound grasp of these defense mechanisms is paramount to building a robust case and protecting one's rights in the face of such serious allegations. 

The Legal Process

If you are suspected of child enticement, you will be subjected to an aggressive pre-charge investigation. Law enforcement will obtain a warrant to seize computers, phones, and other electronic devices from your home. They aim to find evidence of any communication you may have had with the minor. They will search for conversations and other materials, such as images of the child, to build their case.

Following this investigation, the legal process begins. It typically unfolds in a series of key stages:

• Discovery: This is a crucial phase where the prosecution and your defense attorney gather and exchange evidence. Your attorney will receive all the evidence the prosecution intends to use, including digital data, police reports, and witness statements. Here is where your defense will begin to take shape.

• Pre-Trail Conferences and Plea Bargaining: Considering all of the evidence, our team will advise you on your legal options, which may include a plea bargain. Choosing this route is entirely up to you. If it’s advised and you elect to proceed, we’ll negotiate with the prosecutor. The goal is to explore a potential resolution without going to trial, which might involve a plea to a lesser charge or a reduced sentence.

• Trial: If you decide to take your case to trial, or if a plea bargain is unsuccessful, a formal court proceeding will ensue. We’ll present our evidence and legal arguments to dispute the allegations. A judge or jury will then render a verdict.

Indeterminate Sentencing

Sex offenses in Colorado often result in an indeterminate sentence, a penalty known for its severity. This type of sentence requires you to serve a minimum term set by a judge, with the parole board holding discretion over your eventual release on parole.

Class 4 Felony

Enticement of a child is a class 4 felony, and this charge carries an indeterminate sentence.

You will receive two to six years to life in prison for a child enticement conviction.

Class 3 Felony

If the child suffers physical injury during the enticement, your case is then considered a crime of violence. This categorization bumps the charge to a class 3 felony. C.R.S. 18-1.3-406

This will change your situation as far as sentencing is concerned.

Under Colorado law, a crime of violence presents "an extraordinary risk of harm to society." This extraordinary risk factor adds an additional four years to the maximum sentence.

Here’s a breakdown of sentencing for this crime:

• Class 3 Felony: 4-12 years imprisonment

• Class 3 Felony w/Extraordinary Risk of Harm: 4-16 years imprisonment

At this point, you’re facing 4-16 years to life in prison. Other factors could change this range, however.

Previous Convictions Affect Your Case

Certain previous convictions can also elevate a child enticement charge from a class 4 felony to a class 3 felony. 

Previous convictions include:

• enticement of a child

• sexual assault on a child

• conspiracy to commit sexual assault on a child

• attempted sexual assault on a child

Additional Penalties

If you are convicted of child enticement, you will also have to:

• register as a sex offender

• be supervised when you are paroled

• receive sex offender evaluations and treatment

The length of your parole will depend on your conviction. For certain offenses, you could be on parole for life. 

As your Colorado child enticement lawyers, we’ll discuss in detail sentencing ranges and parole.

School Employees

If you’re a Colorado teacher charged with child enticement, your school board can fire you immediately without a hearing if you are convicted of, plead no contest to, or receive a deferred sentence for child enticement. This is also true for other current and former employees of state school districts. You will almost certainly not be allowed to work around children again if you are convicted of this crime. C.R.S. 22-63-302

Other Careers

It is essential to know that a sex offense record, like child enticement, can never be sealed in Colorado. This means your conviction is a public record and could appear on a potential employer’s criminal background check, jeopardizing job opportunities.

Loss of Parenting Time

A child enticement conviction could cause you to lose some or all of your parenting time.

Colorado law allows your child’s other parent, or the individual who has custody of your child, to file a motion with the court to object to your parenting time due to the conviction.

If that happens, the burden falls on you to prove that having parenting time is in the child’s best interest. C.R.S. 14-10-129

Your Reputation

A child enticement allegation is enough to damage relationships with family and friends. A child enticement conviction may cause irreparable harm to those valued relationships.

Sex Offender Registry

Placement on the sex offender registry carries lifelong repercussions. Since the registry is public record, your status is readily available to neighbors, employers, and the community at large. This can lead to difficulties securing housing, as many landlords will refuse to rent to registered offenders. 

Convicted sex offenders can face strict limitations on where they can live, work, or spend their time. These often prohibit proximity to places like schools and parks where children gather. The combination of these legal limitations and the significant social stigma of a conviction can create immense difficulty in reintegrating into society.

Sex Offender Management and Evaluation

In Colorado, the management and treatment of sex offenders are overseen by the Sex Offender Management Board (SOMB). If you’re convicted, a condition of probation or parole will be to undergo Sex Offender Specific Evaluations (SOSE) and treatment programs. Your risk level, as determined by these evaluations, can directly influence the restrictions placed on you. 

If you or someone you care about has been accused of child enticement, contact an experienced Robinson & Henry Denver child enticement attorney. Our criminal defense attorneys also help clients in Adams, Arapahoe, Boulder, Douglas, El Paso, and Jefferson Counties. Connect with our team at 303-688-0944 or schedule your confidential consultation online. 

Facing allegations of child enticement in Colorado is a life-altering experience. Whether the charges stem from a sting operation or questionable investigative tactics, the consequences can be devastating. Being charged does not mean you’re guilty, however. With a strategic defense, it’s possible to challenge the prosecution’s claims and protect your rights at every stage.