O'Malley Law Office, P.C. > Fort Collins Colorado Criminal Defense Attorney Blog > Internet Sex Crimes > Internet Luring of a Child > Unlawful Electronic Sexual Communication Vs. Internet Sexual Exploitation of a Child Vs. Internet Luring of a Child – What’s the Difference in Fort Collins and Larimer County?

Unlawful Electronic Sexual Communication Vs. Internet Sexual Exploitation of a Child Vs. Internet Luring of a Child – What’s the Difference in Fort Collins and Larimer County?

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Let's look at the difference between three electronic / internet sex offenses in Fort Collins, Colorado.

There are many different criminal charges related to online communication in Fort Collins and Larimer County. Three that are very similar are Unlawful Electronic Communication, Internet Sexual Exploitation of a Child, and Internet Luring of a Child. Let’s take a closer look at these three crimes and the similarities and differences.

Fort Collins Internet Sexual Exploitation of a Child Lawyer: Definition of Internet Sex Exploitation in Colorado

The Fort Collins, Colorado law definition of Internet Sexual Exploitation of a Child – C.R.S. 18-3-405.4 – is:

(1) An actor commits internet sexual exploitation of a child if the actor knowingly importunes, invites, or entices through communication via a computer network or system, telephone network, or data network or by a text message or instant message, a person whom the actor knows or believes to be under fifteen years of age and at least four years younger than the actor, to:

(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.

Internet Sexual Exploitation of a Child is a class 4 felony sex offense.

Definition of Internet Luring of a Child in Loveland and Estes Park

In Fort Collins, Loveland and Estes Park, Internet Luring of a Child – C.R.S. 18-3-306 – is defined as:

(1) 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.

For sentencing, Internet Luring of a Child is a class 5 felony. However, it is a class 4 felony if committed with the intent to meet for the purpose of engaging in sexual exploitation or sexual contact. Because of the sexual nature of the messages, it’s most often charged as the class 4 felony.

Larimer County Unlawful Electronic Sexual Communication Attorney: Colorado Law Definition

The Larimer County, Colorado law definition of Unlawful Sexual Communication by a Person in a Position of Trust – C.R.S. 18-3-418 – is:

(1) An actor commits unlawful electronic sexual communication if the actor knowingly importunes, invites, or entices through communication via a computer network or system, telephone network, or data network or by a text message or instant message a person whom 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 the actor committing the offense is one in a position of trust with respect to that person, to:

(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 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, however it is aggravated to a class 5 felony if committed with the intent to meet for the purpose of engaging in sexual exploitation or sexual contact.

What is the Difference Between Unlawful Electronic Sexual Communication, Internet Sexual Exploitation of a Child and Internet Luring of a Child?

So, back to our original question, what is the difference between these three crimes? Well, as you can see from reading all of them, Unlawful Electronic Communication by One in a Position of Trust has the elements of both Internet Luring of a Child and internet Sexual Exploitation of a Child with two major differences:

  1. The person being accused must be in a position of trust with respect to the alleged victim. Position of trust includes anyone who has a special relationship with the child with an inherent trusting position like: parent, pastor, teacher or babysitter
  2. The child is between 15 and 18 years old. With the other two offenses, the child must be less than 15 years old to be charged.

All three of the charges are considered sex offenses and carry a heavy penalty.

If you or someone you love has been charged with Unlawful Electronic Sexual Communication, Internet Sexual Exploitation of a Child or Internet Luring 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 – Weld County. CLICK HERE TO VISIT OUR GREELEY WEBSITE. Together, we can protect your future.

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