Internet Sex Crimes: Types, Penalties, and Defenses in Colorado

In Colorado, internet sex crimes have become increasingly common in recent years.

As technology advances and more people spend time online, you should understand the legal consequences of these offenses.

What Constitutes an Internet Sex Crime in Colorado?

Under Colorado Revised Statutes C.R.S. 18-3-405.4, actors commit internet sexual exploitation when the individual knowingly:

• Exposes or touches their own or another person’s intimate parts while communicating with a child via a computer network, text message, or instant message, and the child is under 15 years old and at least four years younger than the perpetrator.
• Communicates with a child under 15 years of age and at least four years younger, describing explicit sexual conduct via a computer network, text message, or instant message.

The law defines intimate parts as the external genitalia, perineum, anus, buttocks, pubes, or breasts of any person.

Penalties for Internet Sex Crimes in Colorado

• Class 4 felony: Punishable by 2 to 6 years in prison and a $2,000 to $500,000 fine.

Internet Luring of a Child in Colorado

Internet luring of a child is another serious offense in Colorado under Colo. Rev. Stat. § 18-3-306.

This crime involves:

• Communicating with a child believed to be under 15 years old via a computer network, telephone network, data network, text message, or instant message.
• Making statements to persuade or invite the child to engage in sexual contact or sexual exploitation.

Penalties for internet luring of a child

• Class 5 felony: Punishable by 1 to 3 years in prison and a $1,000 to $100,000 fine (C.R.S. § 18-1.3-401, (V.5)(A)).
• Class 4 felony: Punishable by 2 to 6 years in prison and a $2,000 to $500,000 fine when committed with the intent to engage in sexual exploitation.

An internet sex crime conviction will have devastating impacts on your personal and professional life. In addition to prison time and fines, you may face challenges finding employment, housing, and maintaining relationships.

Defending Against Internet Sex Crime Charges

Hiring a skilled criminal defense attorney helps tremendously when facing internet sex crime allegations.

Your attorney will thoroughly investigate your case, challenge evidence presented by the prosecution, negotiate plea bargains when appropriate, and more.

Legal defenses available

Legal counsel may argue the following possible defenses on your behalf.

1. Lack of Intent: Did not intend to commit an internet sex crime or engage in sexual exploitation of a minor.
2. Mistaken Identity: Wrongly identified as the perpetrator of the offense.
3. Entrapment: Law enforcement officials inducing the accused into committing the crime, where the person would not have engaged in the criminal conduct otherwise.
4. Insufficient Evidence: Prosecution lacks sufficient evidence to prove the accused’s guilt beyond a reasonable doubt.
5. Illegal Search and Seizure: Evidence was obtained through an unlawful search or seizure, violating the accused’s Fourth Amendment rights.
6. Constitutional Challenges: Assert the laws under which the accused violates protected rights.
7. Absence of Criminal Intent: Claim that the accused believed the communication was with an adult, not a minor, lacking the necessary criminal intent.
8. Mental Incapacity: The actor lacked the requisite capacity to understand the nature and consequences of his or her actions.

An experienced internet sex crime lawyer can assess your situation and develop a defense strategy to match the circumstances around your case.

Internet Sex Crimes and Child Pornography Charges

Internet sexual exploitation often goes hand-in-hand with child pornography offenses.

If you face internet sex crime charges, you may also face allegations related to the following offenses under C.R.S. § 18-4-403 (sexual exploitation of a child):

• Possession of child pornography.
• Distribution of child pornography.
• Production of child pornography.

Child pornography charges are incredibly grave and carry severe penalties (Class 5 – Class 2 felonies).

A comprehensive defense strategy is usually necessary to address both internet sex crime and child pornography allegations.

Colorado Sex Offender Management Board

The Colorado Sex Offender Management Board (SOMB) is responsible for establishing standards and guidelines for the evaluation, treatment, and monitoring of adult sex offenders.

If convicted of an internet sex crime, the state may require you to:

• Undergo a sex offender evaluation.
• Participate in sex offender treatment.
• Follow strict monitoring and reporting requirements.

The SOMB’s policies can significantly impact your life post-conviction, making it important to have a knowledgeable criminal defense law firm working on your case.

Social Media on Internet Sex Crimes

In recent years, law enforcement has been actively monitoring social media platforms for internet sex crimes, searching for evidence of:

• Grooming potential victims through building trust and rapport.
• Sharing explicit content, including child pornography.
• Meeting arrangements with minors for sexual purposes.

Digital Evidence in Internet Sex Crime Cases

Digital evidence also plays a crucial role in the investigation and prosecution of internet sex crimes. This evidence may include:

• Emails, text messages, and instant messages.
• Social media posts and private messages.
• Photos and videos shared online.
• Internet search history and browser cache.

Law enforcement agencies have sophisticated tools and techniques for collecting and analyzing digital evidence.

Digital evidence defenses

However, your criminal defense lawyer can use this evidence to build a strong defense on your behalf.

• Challenge the validity and admissibility of digital evidence.
• Identify weaknesses in the prosecution’s case.
• Argue for the exclusion of evidence obtained through unlawful searches or seizures.

Sex crime attorneys understand the complexities of digital evidence and can use it effectively in your defense when fighting your internet sex crime allegations.

Don’t Face Internet Sex Crime Charges Alone

Internet sex crimes carry severe legal consequences in Colorado.

Dawson Law Office helps Boulder residents understand the gravity of internet sex crime allegations and provides aggressive, compassionate defense representation.

Our criminal defense law firm has extensive experience handling these sensitive cases in Jefferson County and works to minimize the impact of the charges on our clients’ lives.

Schedule a case review to discuss your case and learn more about your options.