Enticement of a child occurs when a person invites or persuades a child less than 15 years old to get into any vehicle, building, room, or secluded space for the purpose of sexually assaulting or having unlawful sexual contact with the child.
To prove enticement of a child, a prosecutor must prove:
You persuaded, invited, or attempted to persuade or invite,
a child under the age of fifteen,
to enter a building, room, vehicle, or secluded place,
for the purpose of sexually assaulting them or having unlawful sexual contact with them
EXAMPLES OF ENTICEMENT OF A CHILD
Example 1: A 32-year-old man hops into a chat room and strikes up a conversation with another person. The conversation turns sexual, and the man soon learns that the other person is a 14-year-old girl. Despite learning of the girl’s age, he continues talking with her. Eventually, he asks the girl to come over to his house so they can have sex.
Example 2: A 24-year-old man is driving by an elementary school and sees a young girl walking down the street. It’s a hot day and he offers to give the girl a ride home. In addition to wanting to help the girl by giving her a ride, he is hoping that she will also let him touch her breasts while they are driving in the car.
Example 3: A father is supervising his middle school aged daughter’s sleepover with her friends. All of the girls are watching a movie in the living room and he is in the kitchen. One of the girls go into the kitchen to ask for a drink. Rather than give her a drink from the fridge in the kitchen, the father tells the girl to follow him to get a drink out of the fridge in the garage. When they get to the garage, the father begins to touch the girl and grabs her buttocks. He tells her not to tell anyone, but when she gets home, she tells her parents.
WHAT IF I NEVER ACTUALLY SPOKE WITH THE CHILD?
Unfortunately, the Colorado Court of Appeals made it very clear that using an intermediary to assist in inviting or persuading the child to enter into an area for the purpose of having sexual contact with the child is enough to meet the elements of enticement of a child under C.R.S. 18-3-305. In People v. Douglas, 296 P.3d 234 (Colo. App. 2012), the defendant began communicating with an undercover officer who pretended to be the mother of a nine-year-old girl. The defendant asked the undercover to allow him to come to her house to establish a sexual relationship with her daughter. The Colorado Court of Appeals found the defendant’s acts sufficient to sustain a conviction
WHAT IF THE CHILD WAS AN UNDERCOVER OFFICER?
In Colorado, you can get convicted of conspiracy to commit enticement of a child even if the child never really existed. In People v. Vecellio, 292 P.3d 1004 (Colo. App. 2012), the Colorado Court of Appeals held that the fact that a defendant made an agreement with an undercover police officer who he believed was a child under the age of fifteen would not, as a matter of law, preclude his conviction for conspiracy to commit enticement of a child.
WHAT IF THE CHILD NEVER HEARD ME INVITE HER INTO MY HOME
In Colorado, it doesn’t matter if the child hears you invite them into your home or car. The prosecution only has to prove that the invitation was extended to a child and that your intention was to have sexually assault, or have unlawful sexual contact, with them.
WHAT IF THE CHILD WAS ALREADY IN MY HOME AND I ONLY INVITED HER INTO MY BEDROOM
In People v. Douglas, 296 P.3d 234 (Colo. App. 2012), the Colorado Court of Appeals has held that an invitation which merely requires a child to move into a different part of the house is sufficient to sustain a conviction for enticement of a child.
WHAT ARE THE PENALTIES FOR ENTICEMENT OF A CHILD
Enticement of a child is a class 4 felony if committed according to the elements listed above. If you are convicted of the class 4 felony, you could be sentenced to indeterminate probation or to prison for an indeterminate sentence of between 2-6 years to life.
If the child is seriously injured during the commission of the crime, or if you have a previous conviction for enticement of a child or sexual assault on a child, enticement of a child will be sentenced as a class 3 felony. As a result, you could receive an indeterminate probation sentence or an indeterminate prison sentence of between 4-12 years up to the rest of your life.
CAN I AVOID REGISTERING AS A SEX OFFENDER IF I’M CONVICTED OF ENTICEMENT OF A CHILD?
Yes, a person convicted of the class 4 felony of enticement of a child will have to register as a sex offender for period of at least 10 years until he/she can ask to deregister. If a person is convicted of the class 3 felony of enticement of a child, they will have to register as a sex offender for at least 20 years until he/she can ask to come off the registry.
WHAT ARE SOME POTENTIAL DEFENSES TO ENTICEMENT OF A CHILD
A good defense attorney will make the following arguments with the prosecutor, the judge, and the jury:
You never invited the child into your home, car, or other location;
The child entered your vehicle or house on their own accord;
The child was older than 15 years old at the time the alleged crime took place;
You never had any intent to commit a sexual offense against the child
Entrapment could also be a defense to the charge of enticement of a child.
COULD I LOSE MY TEACHING LICENSE IF I’M CONVICTED OF ENTICEMENT OF A CHILD
A conviction for enticement of a child could cause you to lose your teaching license. A Court is required to report any person to the department of education if they:
Receive a deferred sentence to enticement of a child;
Plead no contest to the charge of enticement of a child;
Or plead guilty to enticement of a child
It is really difficult to salvage a teaching license if you are convicted of, or even charged with, enticement of a child. If you are a teach, please contact an attorney immediately to get advice on how best to negotiate for a dismissal or lesser charge in your case.
CHARGES RELATED TO ENTICEMENT OF A CHILD
Internet luring of a child – C.R.S. 18-3-306
Internet sexual exploitation of a child – C.R.S. 18-3-405.4
