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Colorado Sex Crimes -Understanding the Colorado Crime Of Internet Sexual Exploitation Of A Child 18-3-405.4 CRS

By H. Michael Steinberg Colorado Sex Crimes Criminal Defense Lawyer,

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Colorado Sex Crimes -Understanding the Colorado Crime Of Internet Sexual Exploitation Of A Child 18-3-405.4 CRS – The Colorado crime of Internet Exploitation of a Child is complex. Any defense of this charge requires a thorough understanding of the statute defining the crime and the elements of the offense as outlined in the Colorado Criminal Jury Instructions. So let’s start there:

The Statute Creating and Defining The Crime Of 18-3-405.4 – The Internet Sexual Exploitation of a Child

18-3-405.4. The Internet Sexual Exploitation of a Child

(1) An actor commits internet sexual exploitation of a child if the actor knowingly importunes, invites, or entices through communication via a computer network or system, telephone network, or data network or by a text message or instant message, a person whom the actor knows or believes to be under fifteen years of age and at least four years younger than the actor, to:

(a) Expose or touch the person’s own or another person’s intimate parts while communicating with the actor via a computer network or system, telephone network, or data network or by a text message or instant message; or

(b) Observe the actor’s intimate parts via a computer network or system, telephone network, or data network or by a text message or instant message.

…

(3) Internet sexual exploitation of a child is a class 4 felony.

To help understand the statute 18-3-405.4 Internet Sexual Exploitation of a Child we next look to the law broken out into it’s elements in the Colorado Criminal Jury Instructions

Internet Sexual Exploitation of a Child (Expose or Touch)

The elements of the crime of internet sexual exploitation of a child (expose or touch) are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. knowingly,

4. importuned, invited, or enticed,

5. through communication via a computer network or system, telephone network, data network, text message, or instant message,

6. a person whom the defendant knew or believed to be under fifteen years of age, and at least four years younger than the defendant,

7. to expose or touch the person’s own or another person’s intimate parts while communicating with the actor via a computer network or system, telephone network, data network, text message, or instant message.

[8. and that the defendant’s conduct was not legally authorized by the affirmative defense[s] in Instruction[s] ___.]

Internet Sexual Exploitation of a Child (Observe)

The elements of the crime of internet sexual exploitation of a child (observe) are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. knowingly,

4. importuned, invited, or enticed,

5. through communication via a computer network or system, telephone network, data network, text message, or instant message,

6. a person whom the defendant knew or believed to be under fifteen years of age, and at least four years younger than the defendant,

7. to observe the defendant’s intimate parts via a computer network or system, telephone network, data network, text message, or instant message.

[8. and that the defendant’s conduct was not legally authorized by the affirmative defense[s] in Instruction[s] ___.]

Some Important Rules To Help Understand The Crime Of 18-3-405.4 The Internet Sexual Exploitation of a Child

The Crime of the Internet Sexual Exploitation of a Child 18-3-405.4 Requires an Active- – Not a Passive Role In The Crime

For example:

The element of “importuning, inviting, or enticing” requires a defendant to do more than allow a viewer to continue viewing the defendant’s intimate parts after the defendant comes to know or believe that the viewer is younger than 15 years old.

The statutory requirement that the actor ” importune,” ” invite,” or ” entice” the viewer ” through communication” also supports this interpretation – Communication” means ” the act or action of imparting or transmitting.”

The Crime of the Internet Sexual Exploitation of a Child 18-3-405.4 – If Charged Under A Complicity Theory – Requires That The Defendant Act As An Accomplice To A Person (A Principal) Who Has Actually Committed The Crime

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.

Complicity is a theory whereby a defendant is legally accountable for a criminal offense committed by another person.

To be liable as an accomplice, an actor must aid, abet, advise, or encourage another person in planning or committing a crime with the intent to promote or facilitate commission of the crime.

Accordingly, to convict a defendant of complicity, it is necessary for the prosecution to prove that the underlying crime was committed.

There can be no conviction for aiding and abetting someone to do an innocent act.

Understanding Complicity As A Theory Of Proving A Crime

A person is guilty of an offense committed by another person if he is a complicitor. To be guilty as a complicitor, the following must be established beyond a reasonable doubt:

1. A crime must have been committed.

2. Another person must have committed all or part of the crime.

3. The defendant must have had knowledge that the other person intended to commit all or part of the crime.

4. The defendant did intentionally aid, abet, advise, or encourage the other person in the commission or planning of the crime.

There Must Be Evidence That A Defendant Is EITHER A Principal OR An Accomplice

At a trial for the crime of internet sexual exploitation of a child as a principal, there must ve evidence that the Defendant directly committed the crime as a principal or as a complicitor. If neither is proven – beyond a reasonable doubt that an Internet crime was committed there is insufficient evidence to prove either that defendant was directly liable for the internet crimes as a principal or that he was liable as an accomplice.

Colorado Sex Crimes -Understanding the Colorado Crime Of Internet Sexual Exploitation Of A Child 18-3-405.4 CRS

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ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at [email protected] – A Denver Colorado Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277. Attorney H. Michael Steinberg is passionate about criminal defense. His extensive knowledge and experience of Colorado Criminal Law gives him the edge you need to properly handle your case.

“A good criminal defense lawyer is someone who devotes themselves to their client’s case from beginning to end, always realizing that this case is the most important thing in that client’s life.”

Over 40 Years Specializing in Colorado Criminal Law You should be careful to make a responsible choice in selecting a Colorado Criminal Defense Lawyer – and we encourage you to “vet” our firm. Over the last 40 plus years – by focusing ONLY on Colorado criminal law – H. Michael has had the necessary time to commit to the task of constantly updating himself on nearly every area of criminal law, to include Colorado criminal law and procedure and trial and courtroom practice. H. Michael works hard to get his clients the best possible results in and out of the courtroom. He has written, and continues to write, extensively on Colorado criminal law and he hopes this article helps you in some small way – Colorado Sex Crimes -Understanding the Colorado Crime Of Internet Sexual Exploitation Of A Child 18-3-405.4 CRS.

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Colorado Sex Crimes -Understanding the Colorado Crime Of Internet Sexual Exploitation Of A Child 18-3-405.4 CRS

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H. Michael Steinberg