Online Solicitation of a Minor Defense Attorney in Colorado Springs
The internet is a great place to meet new people. But using this technology to send sexually explicit messages and photos in an attempt to lure a child is illegal in Colorado. Law enforcement routinely monitors the internet, so you can easily get caught during a sophisticated sting operation.
Very little needs to happen for prosecutors to convict you of the offense. If you meet with a minor after sending explicit messages, even if you had no intention of engaging in sexual activity, you have likely broken the law and can face possible conviction.
Sex Crimes Attorney in Colorado Springs, CO
Being accused or convicted of a sex crime can have devastating and lasting consequences. Too often, the public rushes to judgment—assuming guilt before hearing the full story. At Black, Blink, & Associates, LLC, we make sure your voice is heard, your rights are protected, and your case is presented with the diligence and respect you deserve.
We have over a decade of experience defending those accused of sex crimes in communities such as Colorado Springs, Denver, and Littleton. Call (719) 328-1616 to schedule a confidential consultation with the attorneys at Black, Blink, & Associates, LLC.
How Does Colorado Define Online Solicitation of a Minor?
Online solicitation of a minor is officially known in Colorado as internet luring of a child. The crime is codified in section 18-3-306 of the Colorado Revised Statutes, and it involves an adult making sexually explicit comments to a minor with the intention of meeting up and engaging in those acts.
Chatrooms are not the only place where the offense can take place. You can be charged if you lured a child through text messages, phone calls, or social media. Prosecutors must prove the following elements to convict you of the offense.
- You knowingly communicated using a computer, computer network, telephone or data network, text message, or instant message
- You knew or were led to believe the individual was younger than 15
- You are four years older than the individual’s believed age
- You communicated sexual content
- You invited the individual to meet you for any purpose
Sexual content can include intercourse, masturbation, sexual fondling, or sending sexually explicit photos. The court will not care if the child lied about their age, nor will they care if the meeting never took place. Simply believing the child was younger than 15 or suggesting a meeting is enough to be charged.
Penalties for Online Solicitation of a Minor
Colorado takes the safety of its children seriously and heavily penalizes crimes involving children. Charges and penalties for online solicitation of a minor depend on the intent of the meeting.
Luring a child with the intention to engage in sexual activity is a class 4 felony, which carries the consequences of:
- 2 to 6 years in prison
- 3 years of mandatory parole
- A fine between $2,000 and $500,000
- Mandatory registration as a Colorado sex offender
Luring a child through the internet without the intention of engaging in sexual activity is a class 5 felony in Colorado. A class 5 felony is punishable by the following:
- 1 to 3 years in prison
- A fine between $1,000 and $100,000
The court often fails to mention the collateral consequences entailing a felony conviction. You could lose your job, professional license, access to public benefits, the right to keep and bear arms, and face the chance of deportation. Not to mention the social stigma of being convicted of a sex crime. These consequences can have a far greater impact on your day-to-day life than time in prison and fines.
Colorado Sex Offender Registry
A conviction for internet luring of a child will continue to have a devastating impact on your life after your time has been served. One of the consequences of luring a minor with the intent to engage in sex is the required registration as a sex offender.
Class 4 internet luring of a child will require you to register for life, with the opportunity to petition for removal after 10 years. As a registered sex offender, you will be required to abide by certain regulations. You will be required to undergo a mandatory psychosexual evaluation and participate in a treatment program.
You will also be required to provide the local police department with personal information such as your name, chatroom and instant messaging usernames, address, where you work, and a photograph of yourself. Law enforcement in Colorado may release this information to the public, but they are not required to do so.
Failing to register as a sex offender is a Class 6 Felony entailing up to one and a half years of imprisonment and a fine between $1,000 and $100,000. Failing to register may also result in being made public on the state’s sex offender registry.
Internet Sting Operations
Law enforcement will conduct sting operations to find online predators. Officers will go into various chat rooms and pose as a minor with the intent of catching men and women attempting to lure children and engage in sexual activity. These stings occur regularly on sites like Facebook, Yahoo, AOL, and other sites that minors frequently access.
Once an officer has an adult engaging in a sexually charged conversation, they may take it a step further and ask the adult to meet up for sex. The officer may even go as far as sending photos of a child to the adult to build trust. If the adult shows up at the meeting place, they will be arrested and charged with internet luring of a child.
Contact Black, Blink, & Associates, LLC if you were arrested as part of an internet sting operation. Entrapment is a common issue in many sting arrests. The majority of the time, those arrested did not seek to commit the offense. Rather, they were lured by law enforcement into a situation out of their control.
Resources for Online Solicitation of a Minor
Internet Luring of a Child | Colorado Revised Statutes – Follow the link to read the section of the Colorado Revised Code over internet luring of a minor. You can find out how the state defines the crime and gain access to other sex crime laws.
Colorado Sex Offender Management – Visit the official Colorado website to learn more about their sex offender management. You can find information on the Sex Offender Lifetime Supervision Act, crimes requiring registration and the first step after conviction.
Colorado Springs, CO Lawyer for Internet Luring of a Minor
Exercise your right to legal counsel and contact Black, Blink, & Associates, LLC. We will be with you through every step of the way and ensure the best possible outcome is achieved. Don’t delay. The sooner you contact Black, Blink, & Associates, LLC, the sooner we can begin building your defense. Call 719-694-0578 to schedule a case evaluation. Black, Blink, & Associates LLC defends clients charged with sex crimes in El Paso County, Denver County, and Arapahoe County.