Can You Be Charged with Soliciting a Minor If You Thought They Were an Adult?

You’re facing charges for solicitation of a minor after responding to someone online. The question now is: Can you actually be charged with soliciting a minor when you believed the person was an adult?

State law doesn’t require that you knew the person’s actual age. But being charged doesn’t mean you’re without options.

The specifics of your case, what was said, how police ran their operation, and whether your belief about age was reasonable, all factor into potential defenses. Here’s what you need to know.

Colorado’s Solicitation of a Minor Laws

Internet Luring of a Child (C.R.S. § 18-3-306)

This is the primary charge in online sting operations. Under Colorado Revised Statute § 18-3-306, you commit internet luring when you:

• Communicate over a computer, phone, or data network
• With someone you know or believe to be under 15 years old
• Describe explicit sexual conduct in your communications
• Invite or persuade them to meet for sexual contact

Penalties:

• Attempted internet luring: Class 5 felony (1-3 years prison, up to $100,000 fine)
• Meeting or attempting to meet: Class 4 felony (2-6 years prison, up to $500,000 fine)
• If sexual contact occurs: Class 3 felony (4-12 years prison, up to $750,000 fine)

Enticement of a Child (C.R.S. § 18-3-305)

Inviting or persuading a child under 15 to enter a vehicle, building, or location with the intent to commit sexual contact is a Class 4 felony (2-6 years in prison, up to $500,000 fine).

Sexual Exploitation of a Child (C.R.S. § 18-6-403)

Requesting, possessing, or distributing sexually explicit images of someone under 18 violates Colorado’s sexual exploitation statute.

Penalty: Class 3 to Class 6 felony (1-12 years in prison)

Lifetime Sex Offender Registration

All of these convictions require lifetime sex offender registration. Your name, photo, and address become publicly searchable. You face restrictions on where you can live and work.

Does “I Thought They Were 18” Work as a Defense?

The Colorado Statute uses specific language: you must “know or believe” the person is under 15. This addresses your state of mind about the person’s age.

When Your Belief About Age Matters

• The profile stated adult age: Dating apps or websites that verified 18+ support your claim
• They told you they were an adult: Direct statements like “I’m 19” establish what you were told
• You asked and received confirmation: Inquiring about age demonstrates you weren’t seeking minors
• The platform required adult users: 18+ platforms give reasonable grounds to believe they met requirements

When the Age Defense Fails

Prosecutors will destroy this defense if:

• The person clearly stated they were under 15
• The conversation referenced middle school or being 13-14
• You continued talking after learning their stated age
• You ignored red flags after asking about age

How Police Sting Operations Eliminate the Age Defense

Early Age Disclosure

Officers state their age clearly and early: “I’m 14” or “I just turned 13.” Continuing the conversation after this becomes evidence you “knew or believed” they were underage.

Repeated Age References

Officers mention grade level, sneaking past parents, not being old enough to drive, and activities typical of young teens. These repeated references make it nearly impossible to claim you thought they were an adult.

Documenting Your Response

Police record how you react when age is mentioned:

• Continue the conversation
• Escalate to sexual topics
• Suggest meeting anyway
• Express concerns, but don’t stop talking

The “Bait and Switch” Tactic

Some operations use profiles on adult sites but reveal underage status during conversation. You may have initially assumed they were an adult based on the platform, but they told you otherwise before any meeting.

Defenses Beyond Mistake of Age

Entrapment

Under Colorado’s entrapment statute, this defense applies when police pushed you into criminal conduct you wouldn’t have otherwise committed:

• You stopped responding when age was mentioned
• The officer repeatedly initiated sexual topics despite your resistance
• You expressed concerns about legality and were pressured to continue
• The officer made all first moves toward arranging a meeting

Lack of Intent to Meet

Prosecutors must prove you intended to meet for sexual purposes. Strong defenses exist if you:

• Took no steps toward arranging a meeting
• Explicitly said you wouldn’t meet
• Didn’t progress beyond talking
• Withdrew after learning the stated age

Insufficient Sexual Content

Internet luring requires “described explicit sexual conduct.” If conversations remained vague, you avoided sexual topics, the officer initiated all sexual content, or your statements were ambiguous, the prosecution may lack evidence.

Constitutional Violations

Evidence from illegal searches, coerced statements, or Miranda rights violations should be excluded. If that evidence forms the basis of the prosecution’s case, charges may be dismissed.

What If There Was No Real Minor Involved?

Most Colorado solicitation cases involve undercover officers, not actual children.

Attempted Crimes Still Apply

Colorado law allows prosecution for attempted internet luring even when no actual minor existed. The crime is complete when you take substantial steps toward committing the offense.

Your Belief Determines Liability

The law focuses on what you believed and intended. That the “minor” was an adult police officer doesn’t eliminate criminal liability if you thought you were communicating with someone underage.

Lower Penalties for Attempts

Attempted offenses carry lower penalties than completed ones. If you didn’t meet anyone, you face the sentencing range for attempts rather than completed crimes.

Why You Need a Criminal Defense Attorney

The Evidence Looks Damaging

Police have screenshots, phone records, and officers ready to testify. But evidence must be properly obtained and accurately presented.

The Stakes Are Severe

• Years in prison
• Lifetime sex offender registration
• Loss of employment and professional licenses
• Restrictions on where you can live
• Permanent damage to reputation

Time Works Against You

Police and prosecutors are building their case now, analyzing your devices, reviewing internet history, and preparing witnesses. Every day without an attorney is another day they strengthen their position while you do nothing.

Protecting Your Rights When Age Wasn’t Clear

Solicitation of a minor charges carry prison time and lifetime sex offender registration. The prosecution has resources, experience, and a system designed to secure convictions.

Contact Dawson Law Office now for a confidential consultation. We’ll review every detail of your case and develop a defense strategy focused on keeping you out of prison and off the sex offender registry.