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18-3-306. Internet luring of a child

Text

(1) An actor commits internet luring of a child if the actor knowingly communicates over a computer or computer network, telephone network, or data network or by a text message or instant message to a person who the actor knows or believes to be under fifteen years of age and, in that communication or in any subsequent communication by computer, computer network, telephone network, data network, text message, or instant message, describes explicit sexual conduct as defined in section 18-6-403 (2)(e), and, in connection with that description, makes a statement persuading or inviting the person to meet the actor for any purpose, and the actor is more than four years older than the person or than the age the actor believes the person to be.

(2) It shall not be a defense to this section that a meeting did not occur.

(a) and (b)(Deleted by amendment, L. 2007, p. 1688, 8, effective July 1, 2007.)

(3) Internet luring of a child is a class 5 felony; except that luring of a child is a class 4 felony if committed with the intent to meet for the purpose of engaging in sexual exploitation as defined in section 18-6-403 or sexual contact as defined in section 18-3-401.

(4) For purposes of this section, in connection with means communications that further, advance, promote, or have a continuity of purpose and may occur before, during, or after the invitation to meet.

History

History.
Source: L. 2006: Entire section added, p. 2055, 4, effective July 1. L. 2007: (1) and (2) amended, p. 1688, 8, effective July 1. L. 2009: (1) amended, (HB 09-1132), ch. 341, p. 1792, 2, effective July 1.

Annotations

ANNOTATION

The statute is not unconstitutionally overbroad. The statute does not suppress a large amount of speech subject to constitutional protection. People v. Boles, 280 P.3d 55 (Colo. App. 2011).

The statute is not unconstitutionally vague. A person of common intelligence can determine what is prohibited by the statute. People v. Boles, 280 P.3d 55 (Colo. App. 2011).

The statute does not violate the dormant commerce clause. Since the statute regulates conduct by adults who send sexually explicit messages that endanger the welfare of minors, there is no legitimate commerce that would be limited by the statute. People v. Boles, 280 P.3d 55 (Colo. App. 2011).

The statute as applied to defendant was not unconstitutional. The record contains numerous sexually explicit messages from the defendant that were obscene in nature. People v. Boles, 280 P.3d 55 (Colo. App. 2011).

Convictions for internet luring of a child and internet sexual exploitation of a child under a complicity theory vacated because prosecution failed to prove that defendant committed the crimes or that defendant acted as an accomplice to a principal who committed the crimes. People v. Douglas, 2012 COA 57, 296 P.3d 234.

 

Part 4. Unlawful Sexual Behavior

18-3-401. Definitions

18-3-402. Sexual assault

18-3-403. Sexual assault in the second degree. (Repealed)

18-3-404. Unlawful sexual contact

18-3-405. Sexual assault on a child

18-3-405.3. Sexual assault on a child by one in a position of trust

18-3-405.4. Internet sexual exploitation of a child

18-3-405.5. Sexual assault on a client by a psychotherapist - definitions

18-3-405.6. Invasion of privacy for sexual gratification

18-3-405.7. Unlawful sexual conduct by a peace officer - definition

18-3-406. Criminality of conduct. (Repealed)

18-3-407. Victims and witnesss prior history - evidentiary hearing - victims identity - protective order

18-3-407.5. Victim evidence - forensic evidence - electronic lie detector exam without victims consent prohibited

18-3-407.7. Sexual assault victim emergency payment program - creation - eligibility

18-3-408. Jury instruction prohibited

18-3-408.5. Jury instruction on consent - when required

18-3-409. Marital defense

18-3-410. Medical exception

18-3-411. Sex offenses against children - limitation for commencing proceedings - evidence - statutory privilege - definition

18-3-412. Habitual sex offenders against children - indictment or information - verdict of the jury

18-3-412.5. Failure to register as a sex offender

18-3-412.6. Failure to verify location as a sex offender

18-3-413. Video tape depositions - children - victims of sexual offenses

18-3-413.5. Use of closed circuit television - child victims of sexual offenses. (Repealed)

18-3-414. Payment of treatment costs for the victim or victims of a sexual offense against a child

18-3-414.5. Sexually violent predators - assessment - annual report - definitions

18-3-415. Testing for persons charged with sexual offense

18-3-415.5. Testing persons charged with certain sexual offenses for serious sexually transmitted infections - mandatory sentencing

18-3-416. Reports of convictions to department of education

18-3-417. Reports of sexual assault by applicants, registrants, or licensed professionals

18-3-418. Unlawful electronic sexual communication - person in a position of trust - definitions