"Enticement of a Child" - Colorado Law

Q: Do I have to actually touch or isolate the child to be convicted of enticement?

No, you don't need to successfully isolate or touch the child to be convicted. Colorado law makes it a crime to simply invite, persuade, or attempt to invite a child under 15 into a vehicle, building, or secluded place with sexual intent. Even failed attempts can result in conviction.

Enticement of a Child in Colorado: Five Defenses

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Colorado Revised Statute § 18-3-305 makes it a felony to commit enticement of child, which is luring a child under 15 into a vehicle, building, room, or secluded place to commit sexual assault or unlawful sexual contact on them.

Enticement of a child typically carries two to six years in Colorado State Prison. However, the range is four to 12 years in prison if you have a prior child sex offense or if the child gets physically injured.

CRS 18-3-305 convictions also require you to register as a sex offender.

Graphic that shows defenses to enticement of a child under 15 charges, such as police entrapment or that the child was at least 15

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

1. Elements of CRS 18-3-305

For you to be convicted of enticement of a child in Colorado, prosecutors must prove beyond a reasonable doubt the following three elements of the jury instructions:

You invite or persuaded – or tried to invite or persuade – a child to enter a vehicle, building, room, or secluded space;
The child was under 15 years of age; and
You had the intent to rape or sexually fondle the child.¹

It makes no difference whether you directly communicated with the child or use a third party to lure the child.²

It also makes no difference whether you succeeded 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.

An older man enticing a child into the woods

The sexual offense of enticing a child carries sex offender registration in Colorado.

2. Penalties

In Colorado, enticement of a child is typically a class 4 felony, carrying:

2 to 6 years in prison and/or
$2,000 to $500,000.⁴

However, enticement of a child becomes a class 3 felony if either:

the child gets injured physically; or
you have a prior conviction for enticement of a child or sexual assault on a child (or for conspiracy or attempt to commit either of these two offenses).

Class 3 felony penalties include:

4 to 12 years in prison and/or
$3,000 to $750,000.

Whether you are convicted of a class 3 or 4 felony, you must register as a Colorado sex offender.⁵

3. Sex Registration

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

Hooded in stranger with a lollypop trying to entice a child on a park bench

Enticement of a child is always a felony in Colorado.

4. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with sex-related crimes such as enticement of a minor. In our experience, the following five defenses have proven very effective with prosecutors, judges, and juries at getting CRS 18-3-305 charges reduced or dismissed.

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, and you would not have broken the law but for their pressure.

Young teen taking cigarettes from a stranger with bad intentions

A defense to CRS 18-3-305 charges is that the victim was at least 15 years old.

5. Immigration Consequences

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. Record Seals

If your Colorado enticement of a child charge gets dismissed, you can petition for a criminal record seal immediately. However, a conviction of enticement of a child will remain on your record forever.⁸

Stranger in a car luring a child with a lollipop

Enticement of a child convictions are unsealable.

7. Teachers

If you are a current or former employee of a Colorado school district – and you pick up a CRS 18-3-305 case – the court will report you to the Department of Education if you:

are convicted of enticement of a child case, or
plead nolo contendere (no contest) to enticement of a child, or
receive a deferred sentence for enticement.⁹

You then will likely lose your teaching license.

8. Related Offenses

Man in hoodie approaching a teenager on her phone in a dark alley

Enticement of a child carries up to 12 years in Colorado State Prison if the child sustains physical injury.

Frequently Asked Questions

What happens if I am charged with enticement of a child but the person was actually 15 or older?

If the alleged victim was 15 years of age or older at the time of the incident, this serves as a complete defense to enticement of a child charges under CRS 18-3-305. The law specifically requires the child to be under 15 years old, so proving the person’s age was 15 or above can lead to dismissal of the charges.

Do I have to actually touch or isolate the child to be convicted of enticement?

No, you do not need to successfully isolate or touch the child to be convicted. Colorado law makes it a crime to simply invite, persuade, or attempt to invite a child under 15 into a vehicle, building, or secluded place with sexual intent. Even failed attempts can result in conviction in Colorado.

How long will I have to register as a sex offender if convicted?

The registration period depends on the severity of your conviction. For a class 4 felony (standard enticement charge), you must register for 10 years. For a class 3 felony (if the child was injured or you have prior convictions), you must register for 20 years.

Can I ever get an enticement of a child conviction removed from my record?

No, enticement of a child convictions cannot be sealed and will remain on your criminal record forever. However, if your charges are dismissed without a conviction, you can petition to seal your record immediately.

Additional Resources

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

Legal References

CRS 18-3-305. Enticement of a child.

(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.

See, for example, People v. Johnson (Colo. App. 2024) 549 P.3d 957.
People v. Douglas (Colo. App. 2012) 296 P.3d 234.
People v. Black (Colo. App. 1988) 759 P.2d 746.
CRS 18-3-305; 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.
CRS 18-3-305.

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CRS § 18-3-305 – Colorado Law re “Enticement of a Child Under 15”