A new crime called Unlawful Electronic Sexual Communication by a Person in a Position of Trust was recently enacted in Fort Collins, Larimer County, and across Colorado. It is basically a combination of two previously enacted crimes, but covers actions specific to one in a position of trust. This crime made headlines after a teacher was charged with it and various crimes related to having an inappropriate relationship with a student and other internet sex crimes. According to the report, the man was charged after a tip was called into the Larimer County Sheriff. A search warrant was executed and he was subsequently arrested.
Fort Collins Unlawful Electronic Sexual Communication by One in a Position of Trust Definition
The Larimer County, Colorado law definition of Unlawful Electronic Sexual Communication – Person in a Position of Trust – C.R.S. 18-3-418 – is:
(a) Expose or touch the person’s own or another person’s intimate parts while communicating with the actor via a computer network or system, telephone network, or data network or by a text message or instant message; or
(b) Observe the actor’s intimate parts via a computer network or system, telephone network, or data network or by a text message or instant message.
(2) An actor commits unlawful electronic sexual communication 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 the actor knows or believes to be fifteen years of age or older but less than eighteen years of age and at least four years younger than the actor and, in that communication or in any subsequent communication by computer or computer network, telephone network, or data network or by 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 committing the offense is one in a position of trust with respect to that person.
Unlawful Electronic Sexual Communication Person in Position of Trust: Similar to Internet Sexual Exploitation of a Child and Internet Luring of a Child
These two sections are really two other crimes combined with the age of the victim changed. Part (1) is identical to the Internet Sexual Exploitation of a Child statute, only that crime requires that the victim be under the age of 15. Part (2) is the same as the Internet Luring of a Child statute, except, again, that crime requires the victim be fourteen or younger. This new crime is the lawmaker’s way of closing the gap for online communications between those aged 15 – 17 and where the actor is in a position of trust.
Sentence for Unlawful Electronic Sexual Communication – Person in a Position of Trust
The charges for this crime are as follows:
- Unlawful electronic sexual communication in violation of subsection (1) of this section is a class 6 felony.
- Unlawful electronic sexual communication in violation of subsection (2) of this section is a class 6 felony; except that unlawful electronic sexual communication is a class 5 felony if committed with the intent to meet for the purpose of engaging in sexual exploitation as defined in section 18-6-403 or sexual contact as defined in section 18-3-401.
If you or someone you love has been charged with Unlawful Electronic Sexual Communication by One in a Position of Trust, 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.
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