CRS 18-3-305 C.R.S. is the Colorado law that makes it a felony to invite or entice a child somewhere with the intent to commit sexual assault or unlawful sexual contact. A first-time offense carries 2 to 6 years in prison as long as the child does not sustain bodily injury. Otherwise, penalties include 4 to 12 years in prison.
CRS 18-3-305 states:
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.
Below our 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 non-citizen defendants be deported?
- 6. How soon can the criminal record be sealed?
- 7. What if the defendant is a teacher?
- 8. Related offenses
1. What is enticement of a child in Colorado?
The legal definition of enticement of a child contains three elements:
- The defendant asks or convinces – or tries to ask or convince – a child to enter a secluded space;
- The child is under 15 years of age; and
- The defendant has the intent to rape or sexually fondle the child.1
It makes no difference whether the defendant directly communicates to the child or uses a third-party to lure the child.2 It also makes no difference whether the defendant succeeds in secluding the child or touching him/her.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
- The defendant has 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, 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 the defendant is convicted of a class 3 or 4 felony, the defendant must register as a Colorado sex offender.5
3. Is sex registration required if convicted?
Yes. Defendants convicted of child enticement as a class 4 felony must register with law enforcement on the sex offender registry for 10 years. But defendants convicted of child enticement as a class 3 felony 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 his or her own accord without the defendant’s interference;
- The defendant invited the child to come with him/her for a lawful purpose, not a sexual purpose;
- The child wrongly misunderstood the defendant’s acts and intent as sexual; and/or
- The entrapment defense: The police officers tricked the defendant into committing the crime when he/she was not predisposed to it.
5. Can non-citizen defendants be deported?
It is likely that courts consider enticement of a child to be an aggravated felony and/or a crime involving moral turpitude.7 If so, immigrant defendants may face deportation from the U.S. after serving their prison sentence.
Any non-citizen facing criminal charges is advised to consult with an immigration and criminal defense attorney. If the attorney can persuade prosecutors to lessen or dismiss the charges, the defendant may be able to remain in the U.S.
6. How soon can the criminal record be sealed?
If the enticement charge gets dismissed, the defendant can petition for a criminal record seal right away. But if the defendant gets convicted of enticement, then it must remain on his/her record forever.8 Learn about Colorado criminal record seals.
7. What if the defendant is a teacher?
- Is convicted of enticement of a child case,
- Pleads 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 luring of a child (CRS 18-3-306)
- 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)
We create attorney-client relationships with people accused of sex crimes throughout the state of Colorado, including Arapahoe County, Jefferson County, Denver, and more. Our practice areas also include personal injury. You can reach us confidentially using the form on this page, or call us at our Denver home office:
Colorado Legal Defense Group
4047 Tejon Street
Denver, CO 80211