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

Colorado § 18-3-306 CRS prohibits the internet luring of a child. This is defined as

1. communicating sexual content to a child under 15 years of age (and more than four years younger than you) by electronic means and then
2. trying to meet up with that child for any purpose.

The language of 18-3-306 states that:

(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.

(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 18-6-403 or 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.

Typical penalties for luring a child over the internet can run as high as:

• 3 years in prison, and
• A fine of up to $100,000.

However, if the purpose of your communication was to arrange a meeting for the sexual exploitation of the child or your own sexual gratification, you will be considered a Colorado sex offender. In addition to your name being added to the Colorado sex offender registry, you will spend as much as 6 years in prison and face fines of up to $500,000.

To help you better understand the law, our Denver, Colorado criminal defense lawyers discuss the following:

• 1. What is the internet luring of a child?
• 2. What are the penalties?
• 3. What are the best legal defenses?

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

1. What is the internet luring of a child?

You violate Colorado 18-3-306 C.R.S. when

• You knowingly communicate over a computer or computer network, telephone network, or data network or by a text message or instant message;
• To a person you know or believe to be under fifteen years of age; and
• You are more than four years older than you believe the child to be; and
• In that communication or in any subsequent communication by one of those methods, you describe explicit sexual conduct – that is, sexual intercourse, erotic fondling, erotic nudity, masturbation, sadomasochism, or sexual excitement,¹ and,
• In connection with that description, you make a statement persuading or inviting the person to meet you for any purpose.

For purposes of 18-3-306 C.R.S., “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.

If the above conditions are met, you have committed the crime of internet luring of a child, even if the meeting never takes place or the person is not, in fact, a child.²

2. What are the penalties?

If you lure the other person with the intent to meet for the purpose of engaging in sexual exploitation of a child, 18-6-403 C.R.S., it is a Colorado class 4 felony.

As a class 4 felony, internet luring of a child carries consequences of:

• 2-6 years in prison (with 3 years mandatory parole),
• A fine of $2,000-$500,000, and
• Mandatory registration as a Colorado sex offender.

Otherwise, internet luring of a child is a Colorado class 5 felony. As such, punishment for luring a child over the internet can include:

• 1-3 years in prison, and/or
• A fine of $1,000-$100,000.

3. What are the best legal defenses?

Because 18-3-306 C.R.S. is so complex, there are many legal defenses. The best defense for the internet luring of a child in Colorado depends on the specific facts of your case.

Based on our experience, some of the best defense strategies are to show that:

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

Colorado Legal Defense Group
4047 Tejon Street
Denver, CO 80211
(303) 222-0330

Arrested in California? See our article on arranging a meeting with a minor for lewd purposes | 288.4 PC.

Arrested in Nevada? See our article on Nevada luring laws | NRS 201.560.

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