How Much Jail Time Do You Get for Solicitation of a Minor in Colorado?

solicitation of a minor jail time

Colorado takes crimes against children extremely seriously. Soliciting a minor for sexual purposes is a felony offense that carries severe criminal penalties, including substantial prison time. If you or a loved one have been accused of this crime, you’re likely wondering: how much solicitation of a minor jail time am I facing in Colorado?

The short answer is that solicitation of a minor convictions can result in up to 6 years in prison for first offenses and 12 years for subsequent convictions. However, the specific sentence in your case depends on numerous factors.

As Colorado sex crimes defense lawyers, we know how frightening and confusing these charges are. Below, we provide an overview of solicitation of a minor laws, potential jail sentences, and how an experienced attorney can help protect your rights and freedom.

Colorado’s Solicitation of a Minor Laws

Colorado’s primary solicitation statute is § 18-3-305, C.R.S. This law, entitled “Enticement of a Child,” prohibits the following acts:

  1. Inviting or persuading a child under the age of 15 to enter any vehicle, building, room, or secluded place
  2. With the intent to commit sexual assault or unlawful sexual contact against the child

It’s important to note that a defendant can be convicted even if no sexual activity actually occurred. Simply luring or attempting to lure a child with the requisite unlawful intent is sufficient.

Colorado also has separate Internet luring and Internet sexual exploitation laws that criminalize soliciting a child online. These statutes apply when an adult uses the Internet or electronic communications like text messages to describe explicit sexual conduct or solicit a sexual encounter with someone the person believes to be under 15 years old.

All of these child enticement offenses are strict liability crimes in Colorado. This means that a defendant can be convicted even without intent, knowledge of the child’s age, or any sexual contact occurring. The act of solicitation or enticement alone, coupled with the underlying sexual intent, is sufficient.

Jail Sentences for Solicitation of a Minor in Colorado

The precise solicitation of a minor jail time you could face in Colorado depends largely on two factors:

  1. The age of the victim
  2. Whether you have prior convictions for unlawful sexual behavior

Here’s how Colorado law generally breaks down sentences for first offenses:

  • Class 4 Felony (victim is 14 or younger): 2 to 6 years in prison
  • Class 5 Felony (victim is 15 or 16 years old): 1 to 3 years in prison

However, if you have a prior conviction for enticement of a child or any offense involving unlawful sexual behavior, the charge is elevated to a Class 3 Felony. Class 3 felonies carry a presumptive range of 4 to 12 years in prison and up to $750,000 in fines.

So as you can see, even first-time solicitation of a minor convictions can result in significant prison sentences in Colorado. And repeat offenders face up to 12 years behind bars.

It’s also important to understand that Colorado law allows judges to impose sentences beyond the presumptive ranges if they find extraordinary aggravating circumstances. Some examples include:

  • The defendant used violence, threats, or a weapon during the offense
  • The defendant caused bodily injury to the victim
  • The defendant has an extensive criminal history
  • The victim was especially vulnerable due to age or disability

In such aggravated cases, the court has the discretion to impose a prison sentence of up to twice the normal presumptive maximum. So, for repeat offenders charged with a Class 3 felony, an aggravated range sentence could be 24 years in the Department of Corrections.

Sex Offender Registration & Other Consequences

Aside from lengthy prison sentences, a Colorado conviction for soliciting a minor requires mandatory sex offender registration.

Under the Colorado Sex Offender Registration Act (SORA), individuals convicted of child enticement or Internet exploitation must register with local law enforcement every year. They also have to re-register any time they move, change jobs, or enroll in school.

This registration requirement lasts a minimum of 10 years for first offenses and 20 years for subsequent convictions. In the most aggravated cases, the court can impose lifetime registration.

Having your name, photo, and address on the public sex offender registry can make it difficult to find housing and employment. It carries a lasting social stigma. Failing to comply with reporting obligations is a separate felony offense that can land you back in prison.

In addition to incarceration and registration, a solicitation of a minor conviction triggers numerous other collateral consequences, such as:

  • Loss of certain professional licenses
  • Ineligibility for government assistance programs
  • Restrictions on where you can live and work
  • Difficulty obtaining child custody or visitation rights
  • Prohibition on owning firearms as a convicted felon
  • Revocation of a non-citizen’s visa or green card

For teachers, daycare workers, and others in positions of trust, a conviction is likely career-ending. It can also tear families apart, especially in cases involving parental figures or relatives accused of inappropriate contact.

Defenses to Colorado Solicitation Charges

While the potential penalties are severe, an accusation does not have to mean a conviction. There are many ways an experienced criminal defense attorney can fight solicitation of a minor charges in Colorado.

Some common defense strategies include:

  • Lack of intent: Arguing that the defendant did not have the requisite sexual intent or that the alleged “luring” conduct was misinterpreted
  • Mistake of age: Presenting evidence that the defendant reasonably believed the alleged victim was over the age of consent
  • Entrapment: Demonstrating that the defendant only engaged in the conduct due to improper pressure or inducement by law enforcement
  • False allegations: Challenging the accuser’s credibility and motives for making untruthful allegations

Which defense applies depends entirely on the unique facts of your case. That’s why it’s crucial to consult with a skilled sex crimes lawyer as soon as possible. They can assess the situation and start building your strongest defense immediately.

Get Help from a Knowledgeable Colorado Child Solicitation Attorney Today

If you’ve been accused of soliciting a minor for sex in Colorado, your freedom and reputation are on the line. Don’t face these devastating charges alone. You need an aggressive criminal defense advocate fighting to protect your rights.

At Dawson Law Office, our sex crimes attorneys have decades of experience handling complex solicitation cases. We know how to investigate the evidence, assert your defenses, and pursue every available strategy to avoid or minimize jail time.

To get started, contact us for a confidential consultation. We’ll review your case, explain your options, and begin crafting a personalized defense plan. Call now to put our experience and skill in your corner.

Author Bio

Ryan Dawson-Erdman is the founder of Dawson Law Office, a top-rated criminal defense firm located in Boulder, Colorado. As an aggressive advocate, Ryan focuses his practice on defending against serious criminal charges, including sex crimes, Title IX violations, and federal offenses. He has taken nearly a dozen cases to jury trial, showcasing his exceptional litigation skills. His legal skills have earned him numerous accolades over the years, including being selected to Super Lawyers Rising Stars for 2022-2024.

A Colorado native, Ryan attended the prestigious Gerry Spence Trial Lawyers College to further refine his courtroom abilities. He earned his J.D. from Loyola University New Orleans and his B.A. from the University of Colorado Boulder. Ryan is an active member of the National Association of Criminal Defense Lawyers and the Colorado Criminal Defense Bar. His firm provides tenacious representation for all criminal charges in Boulder, Denver, and the surrounding areas.

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