Police stings occur frequently, and are often successful. However, despite their success, is it possible that police stings cause people to commit a crime? That is called Entrapment. This is something that was on my mind as I was reading a news story this afternoon. According to the story, a middle school teacher was arrested for trying to have sexual contact with a minor. If this man lived in Adams, Douglas County, or anywhere else in Colorado, he would face charges of Enticement of a Child. The reason he was caught was because police pretended to be a 14-year-old girl responding to a Craigslist ad the man made. The man later agreed to meet the girl at a theater to have sex, and when he arrived at the theater he was arrested. Is it possible the police sting entrapped him into committing this crime? Let's read on.
Enticement of a Child in Denver
The definition of Enticement of a Child, C.R.S 18-3-305, in Denver and across Colorado is:
“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.”
Because this man set up a meeting with someone he allegedly knew was under 15 years of age to have sex, he would face charges of Enticement of a Child in Colorado. We don't know for sure what the evidence will reveal, but police will be insisting they communicated the pretend child's age as being less than fifteen. Enticement of a Child is a class 4 felony, but it is a class 3 felony if someone 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. It is also a class 3 felony if the enticement of a child results in bodily injury to a child.
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The View of Police Stings and Entrapment in Arapahoe County
It's hard to say what exactly the teacher was thinking when he engaged in sexual discussions with who he thought was a child. But, it's likely police convinced the man to do what he might not have done without their prompting. Many times, men in Aurora and Arapahoe County have no interest at all in talking with kids online, and police pursue them in adult chat rooms. In some cases, police may be so intent on confirming suspicions of child enticement that the process of meeting with a suspect is sped up. For example, in police stings police may use strong tactics of contacting a man after he has said he is not interested in further contact with a child. If there is proof that police caused someone to commit a crime in police stings, we can use the defense of Entrapment.
Don't Chat Online—Avoid Enticement of a Child Charges in Colorado
Whenever someone is charged with Enticement of a Child after police stings, there always has to be proof beyond a reasonable doubt. This is why police stings usually have a written transcript of the chat between the adult and pretend child. Then, police have a record of their online police stings, where they can see if someone suggested a place to meet a child or if someone was aware of a child's age. If this all comes together, the police will have built their case against the accused. This is why there is too much at stake to communicate online with anyone under the age of 18 and agree to meet with them. If facing Enticement of a Child charges or other sexually based computer crimes, it's in your best interest to involve an experienced criminal defense attorney early in your case.
Why You Need the Best Enticement of a Child Lawyers in Denver
Enticement of a Child is subject to indeterminate sentencing, sex offender registration and sex offender treatment. Someone convicted of this crime will also be prohibited from having contact with any children – even their own. These are harsh and damaging consequences that may be avoided with an aggressive criminal defense attorney at your side. The lawyers at the O'Malley Law Office know sex offender law, and are experienced in the courtroom. Contact us today to set up a free initial consultation if you are facing life-changing Enticement of a Child charges.
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If you or a loved one has been charged with Enticement of a Child, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.Request a Free Consultation