Weld County Internet Luring Lawyer, C.R.S. 18-3-306
Enticement of a Child Compared to Internet Luring of a Child

Charged with Internet Luring of a Child? Contact with a lawyer with decades of experience at the O’Malley Law Office today at 970-616-6009.

If you have been falsely accused of Internet Luring in Weld County, it is crucial that you immediately seek a criminal defense attorney to avoid severe penalties, such as prison.  In August, 2022, Denver police officer Timothy Hyatt was charged with Internet Luring after he was investigated for communications with whom he thought was a 14-year-old girl.  Hyatt turned himself in after the investigation turned up multiple identities used across several social media sites – used to make sexual advances towards the girl.  If convicted, he would face severe repercussions – including losing the ability to work as a police officer in Colorado – along with a possible Colorado prison sentence and hefty fines.  Hyatt’s story underscores the importance of hiring a skilled criminal defense attorney when charged with Internet Luring – especially if the allegations against you are false.

How Does Greeley, Colorado Define Internet Luring of a Child, C.R.S. 18-3-306?

In Greeley, Colorado, Internet Luring of a Child is defined under C.R.S. 18-3-306 as:

An actor commits internet luring of a child if the actor knowingly communicates over a computer or computer network, telephone network, or data network or by a text message or instant message to a person who the actor knows or believes to be under fifteen years of age and, in that communication or in any subsequent communication by computer, computer network, telephone network, data network, text message, or instant message, describes explicit sexual conduct as defined in section 18-6-403 (2)(e), and, in connection with that description, makes a statement persuading or inviting the person to meet the actor for any purpose, and the actor is more than four years older than the person or than the age the actor believes the person to be.

When an adult intentionally communicates with someone they know is a minor, illicitly describes sexual conduct to them, and subsequently invites them to meet, the adult is then charged with Internet Luring of a Child.

Weld County Definition of Enticement of a Child, C.R.S. 18-3-305

Enticement of a Child, C.R.S. 18-3-305, is a similar charge to Internet Luring of a Child in Weld County.  It is legally defined as:

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.

Internet Luring vs. Enticement of a Child, C.R.S. 18-3-305 in Weld County | What are the Differences?

In Weld County, Internet Luring of a Child is similar to Enticement of a Child, C.R.S. 18-3-305.  Both charges can be given when the actor makes contact with a child under fifteen years of age, involving sexual advances toward them. This conduct is done with the intent to meet the child in person.  Even with these similarities, however, Internet Luring of a Child and Enticement of a Child are separate charges with a number of distinctions.  The table below highlights the key differences between the two charges.

Internet Luring of a Child, C.R.S. 18-3-306 Enticement of a Child, C.R.S. 18-3-305 Key Difference
Adult communicated over Internet, texting, or similar medium with child Adult communicated with child in any way, with intent to engage in sexual assault or other unlawful sexual contact Whether Internet was used as medium for communication
Adult described explicit sexual conduct, and invited child to meet for any purpose Adult invites or persuades child to enter a secluded place, vehicle, building or room to engage in unlawful sexual contact Purpose for communicating with child – Internet Luring of a Child can be for any purpose
Adult is more than 4 years older than child, and child is under 15 years of age Only specifies that child is under 15 years of age Whether statute specifies age difference between adult and child
Adult communicates with child knowingly, or believes to be communicating with child Does not specify whether adult knew or believed child to be under 15 years of age Whether adult believed or knew that they were communicating with a child
Class 5 felony, or class 4 felony if adult intended to meet child for sexual contact / exploitation Class 4 felony (first offense) or class 3 felony (subsequent offenses or if Enticement resulted in bodily injury to child) Severity level of charges

Internet Luring and Enticement are both felonies with similar intents.  Overall, however, Internet Luring of a Child is a less severe charge due to the actor inviting a child to meet for any purpose.  By contrast, Enticement of a Child has a more narrow scope, and is charged when the actor’s intent was to meet the child for unlawful sexual contact.

Internet Luring of a Child Lawyer in Greeley, Colorado | Punishment for Internet Luring

A Greeley Internet Luring lawyer is your greatest asset in your legal battle.  The punishment for an Internet Luring charge is a class 5 felony with penalties of 1 to 3 years in a Colorado State Prison, $1,000 to $100,000 in fines, and 2 years of mandatory parole.  In the worst case scenario (you were accused of committing Internet Luring of a Child with the intent of sexually exploiting the child), your Internet Luring charge would be a class 4 felony subject to indeterminate sentencing (read more about indeterminate sentencing here).  Indeterminate sentencing is structured so that a judge gives the defendant a minimum number of years to serve, and the Parole Department decides on the upper limit.  The maximum sentence can be for life.  Penalties can include 2 years to life in a Colorado State Prison and / or $2,000 to $500,000 in fines.  You would also be required to register as a sex offender according to C.R.S. 16-22-102.

Enticement of a Child Punishment in Weld County, Colorado

Enticement of a Child is the more severe of the two charges in Weld County, Colorado.  Enticement of a Child is a class 4 felony as a first offense, unless bodily injury was inflicted to the child.  If the child was injured, or the defendant had a previous Enticement or Sexual Assault on a Child charge, then it is a class 3 felony.  In either case, Enticement of a Child charges are subject to indeterminate sentencing, with a potential life sentence.  If the Enticement charge is considered a class 4 felony, it is subject to the same 2 years to life in a Colorado prison as Internet Luring, and / or $2,000 to $500,000 in fines.  As a class 3 felony, Enticement punishments can include 4 years to life in a Colorado prison and / or $3,000 to $750,000 in fines.  Both cases also require registration on the Colorado sex offender registry under C.R.S. 16-22-102.

If you have been charged with Internet Luring of a Child or Enticement of a Child, be smart, and exercise your right to stay silent.  Do not talk to the police at any point.  Then hire an experienced criminal defense attorney who can successfully defend your case at the O’Malley Law Office.

Get in contact with a lawyer with decades of experience at the O’Malley Law Office today at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.

The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!

Photo by Tima Miroshnichenko