Internet Luring of a Child in Fort Collins | The Law Oversteps Again

Read more about Internet Luring of a Child charges in Fort Collins and across Colorado.
Read more about Internet Luring of a Child charges in Fort Collins and across Colorado.
Image Credit: Pixabay – tpsdave

In a recent widely-covered case, a prep school graduate was convicted of Internet Luring of a Child, Sexual Assault and other related misdemeanor charges after a 15 year old girl claimed he raped her. The case revealed a practice occurring among graduating students where they tried to have sex with younger classmates as a conquest game. The defense appealed the felony conviction of Internet Luring of a Child mainly because this conviction will require the young man to register as a sex offender for the rest of his life. The defense argued that the Internet Luring charge was not meant to be applied to high school classmates communicating on Facebook, but to protect children from older sexual predators. This appeal was denied and the judge upheld the conviction.

What is Internet Luring of a Child in Larimer County?

The Colorado definition of Internet Luring of a Child – C.R.S. 18-3-306 – is:

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.

Because the young man knew the age of his classmate when he sent her messages on Facebook about meeting up and hooking up, he was convicted of Internet Luring of a Child. In Larimer, Boulder, and Grand County, this crime can be charged as a class 5 felony or a class 4 felony depending on the situation. It is generally charged as a class 5 felony unless the luring occurred with the intent to meet for the purpose of sexual exploitation or sexual contact.

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What is the Law’s Purpose Behind Internet Luring of a Child in Loveland?

All of the Colorado statutes relating to children were passed for the purpose of protecting children. But, are they too broad in their definitions? It is a question that I know I have raised before. Sometimes it seems children and young adults, while not the intended target with these laws, become casualties of the legal system. When a senior in high school discusses sexual things with his freshman girlfriend on Facebook and they happen to be just over 4 years apart, does that constitute a felony level offense with potential prison time and lifetime registration as a sex offender? Or, if two 16 year olds who are dating share naked pictures of themselves with each other, is that really Child Pornography? I just wonder if, in cases like these, the law is doing more harm than good. While not wanting to make this conduct legal with young kids, does it need to ruin their lives?

If you or someone you love has been charged with Internet Luring of a Child in Fort Collins, Loveland, or Estes Park, be smart, exercise your right to remain silent and contact the best criminal defense lawyers from the O’Malley Law Office at 970-658-0007 today. Together, we can protect your future.