In Fort Collins and Larimer County, Enticement of a Child is charged when a person is accused of inviting a minor less than 15 years old into a location with the intent to have sexual contact with the minor. A man recently took his Colorado conviction by a jury in front of the appellate court, arguing that the conviction for Enticement of a Child should be overturned – and the court agreed. According to the report, the man was accused of pulling over and talking to a 10-year-old girl, making inappropriate statements until the girl walked away. He had been previously accused of this type of offense in another state, which was presented to the jury and helped solidify his conviction. However, the problem was the man who spoke to the girl never made any statements or gestures to suggest he was trying to get her into the truck. The girl also could not identify this man – choosing another person in a photo lineup. So basically, all they had was that this man had a black truck and a similar accusation in his past. The appellate court found that the prosecutors did not have sufficient evidence to even charge this crime – so they are not allowed to re-try the man for this offense. It’s scary to think that a group of people could be so easily persuaded to overlook the facts and evidence of a case and convict someone, just because they don’t like what they have been accused of.
Larimer County Enticement of a Child Attorney: Definition of Enticement of a Child in Colorado
The Larimer County, Colorado law definition of Enticement of a Child – C.R.S. 18-3-305 – is:
Again, there are two vital points in this law:
- Inviting, persuading or attempting to invite or persuade someone 14 or younger to enter a vehicle, place, or other location;
- With the intent to have sexual contact with the child.
Now, by having a conversation with a child regarding anything sexual, it could be argued that there was a sexual intent to the invitation. But there MUST be an invitation. Even if it’s a gesture and the words are never spoken aloud, that would likely be enough to meet the criteria.
Overturned Conviction for Enticement of a Child in Loveland and Estes Park: You Can’t Charge a Crime Just Because You Want To
It’s mind boggling to me that the case even got as far as trial, when there was never a mention of or hint of an invitation in the interaction. The argument that there would have been an invitation, if the girl had not walked away is preposterous. We can’t charge crimes based on what might have happened if those involved acted differently. Think of the madness. A man leaves the home because he was arguing with his wife and things were getting heated. He gets arrested for Domestic Violence because if he had stayed, it might have escalated to some sort of criminal action?!? It just doesn’t work that way.
If you or someone you love has been charged with Enticement of a Child, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. We also practice in Greeley and Weld County. CLICK HERE TO VISIT OUR GREELEY SITE. TOGETHER. we can protect your future.
Photo by Matt Weissinger