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The State of Colorado / District Attorney’s Office will have to prove, beyond a reasonable doubt, the following things for a person to be convicted of Internet Luring of a Child pursuant to Colorado Revised Statute 18-3-306:

Colorado Statutes

Title 18. CRIMINAL CODE

Article 3. Offenses Against the Person

Part 3. KIDNAPPING

Current through Chapter 2 of the 2012 Legislative Session

§ 18-3-306. Internet luring of a child

(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.

(2)

It shall not be a defense to this section that a meeting did not occur.

(a) and (b)

(Deleted by amendment, L. 2007, p. 1688, §8, effective July 1, 2007.)

(3)

Internet luring of a child is a class 5 felony; except that luring of a child is a class 4 felony if committed with the intent to meet for the purpose of engaging in sexual exploitation as defined in section 18-6-403or sexual contact as defined in section 18-3-401.

(4)

For purposes of this section, "in connection with" means communications that further, advance, promote, or have a continuity of purpose and may occur before, during, or after the invitation to meet.

Internet sexual exploitation of a child is a class 4 or class 5 felony. The child, who must be less than fifteen years old or whom the defendant believed to be less than fifteen years old. The District Attorney’s Office must prove that the defendant invited the child to meet for any purpose.  Also, the defendant must be at least 4 years older than the child.   If convicted, a person will have to register as a sex offender and complete sex offender treatment.