Larimer County Attempted Sexual Assault on a Child
Intent without Contact Is Still a Crime

Internet police sting operations are now adding Attempted Sexual Assault on a Child when arresting those for Internet Luring of a Minor.

In Fort Collins and Larimer County, often when a child internet sting operation results in arrests, Attempted Sexual Assault on a Child is one of the charges the arrestees will face. Recently, Colorado Springs Police conducted a sting operation that resulted in the arrests of five men, all charged with Internet Luring of a Child and Attempted Sex Assault on a Child. Even though these were sting operations, where the men arrested were not communicating or meeting with a minor, the Attempted Sexual Assault on a Child can still be charged.

Attempted Sexual Assault on a Child Attorney in Fort Collins

The Larimer County, Colorado law definition of Sexual Assault on a Child – C.R.S. 18-3-405 – is:

Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim.

In order to be charged with Attempted Sexual Assault on a Child, you have to meet the ‘attempt’ criteria, found under C.R.S. 18-2-101 – Criminal Attempt:

A person commits criminal attempt if, acting with the kind of culpability otherwise required for commission of an offense, he engages in conduct constituting a substantial step toward the commission of the offense. A substantial step is any conduct, whether act, omission, or possession, which is strongly corroborative of the firmness of the actor’s purpose to complete the commission of the offense. Factual or legal impossibility of committing the offense is not a defense if the offense could have been committed had the attendant circumstances been as the actor believed them to be, nor is it a defense that the crime attempted was actually perpetrated by the accused.

So, if the men discussed have sexual contact with the officers who were pretending to be minors and then invited the undercover officer to meet and showed up to that meeting, that could be seen as taking a ‘substantial step’ toward committing the crime of Sexual Assault on a Child.

Sentence for Attempted Sexual Assault on a Child in Loveland and Estes Park

Attempt can be added to any underlying crime. When it is, it takes the level felony or misdemeanor down one class. Sexual Assault on a Child is class 4 felony (unless aggravators exist). Therefore, Attempted Sexual Assault on a Child would be a class 5 felony.


If you or someone you love has been charged with Attempted Sexual Assault on 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 your free consultation today. Together, we can protect your future.

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