Under Colorado CRS § 18-3-305, “a person commits the crime of enticement of a child if he or she invites or persuades, or attempts to invite or persuade, a child under the age of fifteen years to enter any vehicle, building, room, or secluded place with the intent to commit sexual assault or unlawful sexual contact upon said child.”
Here are five key things to know:
- Enticement of a child typically carries 2 to 6 years in prison.
- The prison term is 4 to 12 years if you have a prior child sex offense or if the child gets physically injured.
- A CRS § 18-3-305 conviction triggers the requirement to register as a Colorado sex offender.
- Enticement of a child convictions can never be sealed from your record.
- There are several potential defenses, including that the child was lying.
Below, our Denver Colorado criminal defense lawyers explain:
- 1. What is enticement of a child in Colorado?
- 2. What are the penalties under CRS 18-3-305?
- 3. Is sex registration required if convicted?
- 4. How can a defense attorney help?
- 5. Can I be deported?
- 6. How soon can my criminal record be sealed?
- 7. What if I am a teacher?
- 8. Related offenses
- 9. Further reading
1. What is enticement of a child in Colorado?
The legal definition of enticement of a child contains three elements:
- You ask or convince – or try to ask or convince – a child to enter a secluded space;
- The child is under 15 years of age; and
- You have the intent to rape or sexually fondle the child.1
It makes no difference whether you directly communicate to the child or use a third-party to lure the child.2 It also makes no difference whether you succeed in secluding the child or touching them.3 Simply trying to isolate the child for the purpose of committing sexual assault or unlawful sexual contact comprises enticement.
2. What are the penalties under CRS 18-3-305?
Enticement of a minor is a class 3 felony in Colorado if either:
- The child gets injured physically; or
- You have a prior conviction for enticement of a child, sexual assault on a child (CRS 18-3-403), or conspiracy (CRS 18-2-201) or attempt (CRS 18-2-101) to commit either of these two offenses.
- 4 to 12 years in Colorado State Prison (Department of Corrections), and
- A fine of $3,000 to $750,000 (at the court’s discretion).
Otherwise, a first-time conviction of enticement of a child is a class 4 felony. The sentence is:
- 2 to 6 years in prison, and
- A fine of $2,000 to $500,000 (at the court’s discretion).4
Whether you are convicted of a class 3 or 4 felony, you must register as a Colorado sex offender.5
3. Is sex registration required if convicted?
Yes. Under Colorado law, if you are convicted of child enticement as a class 4 felony, you must register with law enforcement as a sex offender for 10 years. However, if you are convicted of child enticement as a class 3 felony, you must register for 20 years.6
4. How can a defense attorney help?
Defenses to Colorado “enticing a child” charges depend on the specific facts of each case. Common ways to fight this sex offense charge is to argue that:
- The “child” was 15 or older at the time of the alleged offense;
- The child entered the room, vehicle, etc. of their own accord without your interference;
- You invited the child to come with you for a lawful purpose, not a sexual purpose;
- The child wrongly misconstrued your acts and intent as sexual; and/or
- The entrapment defense: The police officers tricked you into committing the crime when you were not predisposed to it.
5. Can I be deported?
Courts likely consider enticement of a child to be an aggravated felony and/or a crime involving moral turpitude.7 So if you are a non-citizen convicted of this offense, you may face deportation from the U.S. after serving your prison sentence.
6. How soon can my criminal record be sealed?
If your enticement charge gets dismissed, you can petition for a criminal record seal immediately. It must remain on your record forever if you get convicted of enticement.8 Learn about Colorado criminal record seals.
7. What if I am a teacher?
- are convicted of enticement of a child case,
- plead nolo contendere (no contest) to enticement of a child, or
- receive a deferred sentence for enticement.9
Teachers will likely lose their teaching license.
8. Related offenses
- Internet sex crimes, such as Internet luring of a child (CRS 18-3-306) and Internet sexual exploitation of a child (CRS 18-3-405.4)
- Indecent exposure (CRS 18-7-302)
- Enticement of a child (CRS 18-3-305)
- Public indecency (CRS 18-7-301)
- Invasion of privacy for sexual gratification (CRS 18-3-405.6)
- Sexual assault on a child by one in a position of trust (CRS 18-3-405.3)
- Child abuse (CRS 18-6-401)
- Sexual exploitation of a child (CRS 18-6-403)
9. Further reading
If you or a child you know is in immediate danger in Colorado, call 911. Otherwise, for help and resources go to:
- Colorado Child Abuse and Neglect Hotline at 844-CO-4-Kids
- Child Welfare Resources, Colorado Department of Human Services
- Child Trafficking Victim Resources, Colorado Department of Human Services
- ChildSafe – Therapy for victims of child sex abuse
- Denver Children’s Advocacy Center – “First responders” for abused children
- CRS 18-3-305. The language of the statute reads as follows:
(1) A person commits the crime of enticement of a child if he or she invites or persuades, or attempts to invite or persuade, a child under the age of fifteen years to enter any vehicle, building, room, or secluded place with the intent to commit sexual assault or unlawful sexual contact upon said child. It is not necessary to a prosecution for attempt under this subsection (1) that the child have perceived the defendant’s act of enticement.
(2) Enticement of a child is a class 4 felony. It is a class 3 felony if the defendant has a previous conviction for enticement of a child or sexual assault on a child or for conspiracy to commit or the attempted commission of either offense, or if the enticement of a child results in bodily injury to that child.
(3) When a person is convicted, pleads nolo contendere, or receives a deferred sentence for a violation of the provisions of this section and the court knows the person is a current or former employee of a school district in this state or holds a license or authorization pursuant to the provisions of article 60.5 of title 22, C.R.S., the court shall report such fact to the department of education.
- People v. Douglas (2012) COA 57, 296 P.3d 234.
- People v. Black (Colo. App. 1988) 759 P.2d 746.
- CRS 18-3-305, subsection 4 (never a misdemeanor); CRS 18-1.3-1004 (indeterminate sentence).
- CRS 16-22-103.
- CRS 16-22-113.
- See 8 U.S.C. 1227 – 1228.
- CRS 24-72-704 – 706.
- C.R.S. 18-3-305.