CRS § 18-3-305 – Colorado Law re “Enticement of a Child Under 15”
Colorado Revised Statute § 18-3-305 makes it a felony to commit enticement of child, which is luring a child under 15 into a vehicle, building, room, or secluded place to commit sexual assault or unlawful sexual contact on them.
Enticement of a child typically carries two to six years in Colorado State Prison. However, the range is four to 12 years in prison if you have a prior child sex offense or if the child gets physically injured.
CRS 18-3-305 convictions also require you to register as a sex offender.
In this article, our Denver criminal defense lawyers will address the following key issues regarding enticement of a child in Colorado:
For you to be convicted of enticement of a child in Colorado, prosecutors must prove beyond a reasonable doubt the following three elements of the jury instructions:
You invite or persuaded – or tried to invite or persuade – a child to enter a vehicle, building, room, or secluded space;
The child was under 15 years of age; and
You had the intent to rape or sexually fondle the child.1
It makes no difference whether you directly communicated with the child or use a third party to lure the child.2
It also makes no difference whether you succeeded in secluding the child or touching them.3 Simply trying to isolate the child for the purpose of committing sexual assault or unlawful sexual contact comprises enticement.
The sexual offense of enticing a child carries sex offender registration in Colorado.
2. Penalties
In Colorado, enticement of a child is typically a class 4 felony, carrying:
2 to 6 years in prison and/or
$2,000 to $500,000.4
However, enticement of a child becomes a class 3 felony if either:
Under Colorado law, if you are convicted of child enticement as a class 4 felony, you must register with law enforcement as a sex offender for 10 years. However, if you are convicted of child enticement as a class 3 felony, you must register for 20 years.6Enticement of a child is always a felony in Colorado.
4. Defenses
Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with sex-related crimes such as enticement of a minor. In our experience, the following five defenses have proven very effective with prosecutors, judges, and juries at getting CRS 18-3-305 charges reduced or dismissed.
The “child” was 15 or older at the time of the alleged offense;
The child entered the room, vehicle, etc. of their own accord without your interference;
You invited the child to come with you for a lawful purpose, not a sexual purpose;
The child wrongly misconstrued your acts and intent as sexual; and/or
The entrapment defense: The police officers tricked you into committing the crime when you were not predisposed to it, and you would not have broken the law but for their pressure.
A defense to CRS 18-3-305 charges is that the victim was at least 15 years old.
5. Immigration Consequences
Courts likely consider enticement of a child to be an aggravated felony and/or a crime involving moral turpitude.7 So if you are a non-citizen convicted of this offense, you may face deportation from the U.S. after serving your prison sentence.
6. Record Seals
If your Colorado enticement of a child charge gets dismissed, you can petition for a criminal record seal immediately. However, a conviction of enticement of a child will remain on your record forever.8Enticement of a child convictions are unsealable.
Enticement of a child carries up to 12 years in Colorado State Prison if the child sustains physical injury.
Frequently Asked Questions
What happens if I am charged with enticement of a child but the person was actually 15 or older?
If the alleged victim was 15 years of age or older at the time of the incident, this serves as a complete defense to enticement of a child charges under CRS 18-3-305. The law specifically requires the child to be under 15 years old, so proving the person’s age was 15 or above can lead to dismissal of the charges.
Do I have to actually touch or isolate the child to be convicted of enticement?
No, you do not need to successfully isolate or touch the child to be convicted. Colorado law makes it a crime to simply invite, persuade, or attempt to invite a child under 15 into a vehicle, building, or secluded place with sexual intent. Even failed attempts can result in conviction in Colorado.
How long will I have to register as a sex offender if convicted?
The registration period depends on the severity of your conviction. For a class 4 felony (standard enticement charge), you must register for 10 years. For a class 3 felony (if the child was injured or you have prior convictions), you must register for 20 years.
Can I ever get an enticement of a child conviction removed from my record?
No, enticement of a child convictions cannot be sealed and will remain on your criminal record forever. However, if your charges are dismissed without a conviction, you can petition to seal your record immediately.
Additional Resources
If you or a child you know is in immediate danger in Colorado, call 911. Otherwise, for help and resources go to:
(1) 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.
(2) Enticement of a child is a class 4 felony. It is a class 3 felony if the defendant 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, or if the enticement of a child results in bodily injury to that child.
(3) When a person is convicted, pleads nolo contendere, or receives a deferred sentence for a violation of the provisions of this section and the court knows the person is a current or former employee of a school district in this state or holds a license or authorization pursuant to the provisions of article 60.5 of title 22, C.R.S., the court shall report such fact to the department of education.
In this article, our Denver criminal defense lawyers will address the following key issues regarding enticement of a child in Colorado:
