In Weld County, if an adult is trying to have sex or sexual contact with a child by inviting or luring them somewhere, they could be charged with Enticement of a Child. This is a serious felony criminal offense, with the possibility of an indeterminate (lifetime) sentence of imprisonment. If you are facing a Child Enticement charge, you will want an aggressive Sex Crimes attorney fighting for you. Below, our top Greeley attorneys discuss Enticement of a Child and why having an experienced attorney is important. If you are facing these charges in Fort Collins or Larimer County, get help here.
Legal Definition of Enticement of a Child, C.R.S. 18-3-305, in Greeley, Colorado
The legal definition of Enticement of a Child, C.R.S. 18-3-305, in Greeley is:
A person commits the crime of enticement of a child if he or she invites or persuades, or attempts to invite or persuade, a child under the age of fifteen years to enter any vehicle, building, room, or secluded place with the intent to commit sexual assault or unlawful sexual contact upon said child. It is not necessary to a prosecution for attempt under this subsection (1) that the child have perceived the defendant’s act of enticement.
With an Enticement of a Child charge, to be convicted three things must be proven: First, that the child is 14 years old or younger. Second, the adult asked the child, tried to persuade, or convinced the child to meet in a secluded area. Last, the adult intended to have sexual contact with the child or did have sexual contact.
Weld County Sex Sting Operation for Child Enticement Charge
In Weld County, an adult does not have to meet up with a child to be charged with Child Enticement. Often, Weld County Sheriffs or Greeley Police Department officers will perform a Sex Sting Operation to catch adults wanting a sexual encounter with a child. The police pretend to be a minor in order to catch an adult arranging an encounter with the child. If a person even arranges a meeting with a supposed minor with the intent to have sex or sexual contact, they can be charged with Enticement of a Child. In many cases, the adult never travels to actually meet the child.
Windsor and Greeley, Colorado Enticement of a Child Sentence and Penalties
The sentence in Windsor and Greeley for Enticement of a Child, first offense, is a class 4 felony with a minimum penalty of 2 – 6 years and a maximum of life in a Colorado State Prison, and a fine of $2,000 to $500,000. If the child was injured or the defendant has been previously convicted of Enticement of a Child or Sexual Assault on a Child, C.R.S. 18-3-403, then the sentence would be a class 3 felony. The penalties of a class 3 felony are a minimum of 4 to 12 years in prison, up to a life sentence, and a fine of $3,000 to $750,000. Indeterminate sentencing is confusing. Under C.R.S. 18-1.3-1004, persons sentenced for sex offenses only get a minimum sentence decided by the judge. The upper limit for a person’s sentence is already decided as “lifetime.” Sex offenders get sentenced to a range, with no final upper limited given by a judge. Generally speaking, the Department of Parole decides when a sex offender gets out of prison after they have served their minimum sentence. Parole can decide to leave someone in prison forever under our law. In some cases, courts can grant lifetime Probation instead of a lifetime prison sentence. Ask our defense lawyers what you qualify for. Finally, if you are convicted of Enticement of a Child, you are required to Register as a Sex Offender. To learn more about the Colorado Sex Offender Registry go here.
Why Hire a Leading Weld County Sex Crimes Attorney?
Facing a Child Enticement charge or another Sex Crime charge in Weld County? It is important to hire a leading Sex Crimes attorney to get the best outcome in your case. Convictions for Sex Crimes can have implications on your work, where you live, and socially. Our defense attorneys at the O’Malley Law Office have over 30 years experience fighting for our clients’ rights in these serious cases. Don’t go it alone.