CRS § 18-3-306 – Internet Luring of a Child – Colorado Law

Colorado § 18-3-306 CRS prohibits the internet luring of a child. This crime comprises electronically communicating sexual content to someone you believe to be under 15 and trying to meet up with that child. Penalties can run as high as six years in prison depending on the specifics of the case.

In this article, our Denver criminal defense lawyers will address the following key issues regarding internet luring of a child in Colorado:

• 1. Elements of CRS 18-3-306
• 2. Penalties
• 3. Defenses
• Frequently Asked Questions
• Additional Resources

1. Elements of CRS 18-3-306

For you to be convicted of internet luring of a child in Colorado, prosecutors have to prove beyond a reasonable doubt the following five elements:

1. You knowingly communicated over a computer or computer network, telephone network, or data network or by a text message or instant message;
2. You believed that the person on the other end was under 15 years old;
3. You were more than four years older than what you believed the child to be;
4. In that communication or in any subsequent communication by one of those methods, you described explicit sexual conduct (such as sexual intercourse, erotic fondling, erotic nudity, masturbation, sadomasochism, or sexual excitement); and
5. In connection with that description, you made a statement persuading or inviting the person to meet you for any purpose.

Note that as long as the above five elements are met, you can be convicted of this crime even if no meeting ever happens or if the person you were communicating with was not a child. In many of the internet luring cases we see, the person on the other end is actually an undercover police officer posing as a child.¹

Internet luring is always a felony in Colorado.

2. Penalties

In Colorado, internet luring of a child is typically a class 5 felony carrying one to three years in prison and/or $1,000 to $100,000 in fines.

However, if you acted with intent to meet up for the purposes of engaging in sexual exploitation of a child, then internet luring becomes a class 4 felony. In addition to having to register as a Colorado sex offender, you would face:

• 2 to 6 years in Colorado State Prison (with 3 years of mandatory parole) and/or
• A fine of $2,000 to $500,000.²

There are many possible ways to fight internet luring charges.

3. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with sex crimes such as internet luring of a child. In our experience, the following eight defenses have proven very effective with prosecutors, judges, and juries at getting CRS 18-3-306 charges reduced or dismissed.

1. You did not know or believe you were communicating with someone under 15.
2. You believed the child was no more than four years younger than you.
3. The communication did not take place over a computer, telephone or other electronic means.
4. You did not describe explicit sexual conduct.
5. The child misunderstood your intent.
6. You did not invite the child to meet you.
7. You invited the child to meet you, but it was completely independent of any sexual communication.
8. The police entrapped you or engaged in other misconduct.

CRS 18-3-306 bars the crime commonly referred to as “internet luring of a child.”

Frequently Asked Questions

Can I still be charged with internet luring even if I never actually met the child?

Yes. Under Colorado law, you can be convicted of internet luring of a child even if no meeting ever takes place.

The law specifically states that it is not a defense that a meeting did not occur. You only need to have made a statement persuading or inviting the person to meet you after describing explicit sexual conduct.

What happens if the person I was talking to was actually an adult or police officer?

You can still be charged and convicted of internet luring even if the person was not actually a child. Many cases involve undercover police officers posing as children online.

What matters is that you believed you were communicating with someone under 15 years old, not the actual age of the person.

What is the difference between a class 4 and class 5 felony for internet luring?

Internet luring is typically a class 5 felony with one to three years in prison and fines up to $100,000. However, it becomes a more serious class 4 felony if you intended to meet for sexual exploitation or sexual contact.

Class 4 felony penalties include two to six years in prison, higher fines up to $500,000, and mandatory sex offender registration.

How big does the age gap need to be for internet luring charges?

You must be more than four years older than the person you believe you’re communicating with. If the age difference is four years or less, you cannot be charged with internet luring of a child under this law, even if other elements are present.

Additional Resources

For help for victims, see the following:

• Preventing Abductions – Safety guide by kidshealth.org.
• Rethinking “Stranger Danger” – Safety guide by missingkids.org.
• Child Victims and Witnesses Support Materials – Information on criminal court and child welfare systems by the Office of Victims of Crime (OVC).
• Trauma and Child Abuse Resource Center – Help and information by The American Academy of Child and Adolescent Psychiatry (AACAP).

Legal References: