What is Internet Luring of a Child?
Making a sexual comment to a minor over the Internet or through a text message, then offering to meet, regardless of the reason, could leave one facing the felony charge of Internet luring of a child.
November 03, 2011
Colorado police recently arrested the treasurer of Ellicott school board for allegedly sending sexually explicit text messages to a 14-year-old boy.Police believe 37-year-old Stefanie Dickinson began sending the text messages to the minor after a camping trip in late August 2011. Upon returning from the camping trip, which also included Dickinson's husband and two sons, the Huffington Post reports that Dickinson asked the minor for his cell phone number so that she would be able to send him pictures that were taken during the trip. Instead of pictures, it is alleged that the minor began receiving explicit messages from Dickinson.
The text messages were found on the minor's phone when the minor's sister became suspicious of the relationship between Dickinson and the minor after the sister witnessed Dickinson and the minor repeatedly hugging.
The arrest warrant states that many of the text messages that the minor received from Dickinson were "sexual in nature", referenced a sexual act, and showed that Dickinson understood that she would be in trouble, including possibly losing her family, if the texts were found. Specifically, one of the text messages the minor received from Dickinson stated: "You can't tell anyone about this at all because I could lose my family."
Because a few of the text messages were deemed by authorities to be sexually explicit and at least one of the messages suggested Dickinson and the minor meet, Dickinson was arrested on suspicion of Internet luring of a child. She has subsequently resigned her position on the Ellicott school board.
Internet Luring of a Child
Chatting, emailing or texting between adults and minors is not an inherently negative activity that is to be avoided. In fact, these forms of communication may be easy ways for parents, grandparents or other family members or friends to remain in contact with minors who live in different towns or with other family members. However, problems can occur when adults make sexual comments to minors.
Adults can be charged with Internet luring of a child in Colorado if sexual comments are made to a minor under the age of 15 using a computer or computer network and then messages asking or persuading the minor to meet are sent. Online solicitation of a minor is considered a felony and the possible penalties adults face depend on the intent of the adults for inviting or persuading minors to meet.
Internet luring of a child is a class 5 felony when adults invite minors to meet for any purpose, no matter how innocent, as long as sexual comments have been made. The penalties faced for a class 5 felony include a prison term of 1 to 3 years, as well as the possibility of lifetime supervision.
If adults invite minors to meet with the intent to have a sexual relationship or to do anything that would be considered sexual exploitation of a minor or unlawful sexual contact, than adults can face Internet luring of a child charged as a class 4 felony. More serious than a class 5 felony, adults charged with a class 4 felony face 2 to 6 years in prison and the possibility of lifetime supervision.
Internet chat rooms or email may lead to more people being accused of Internet luring of a child. In situations where people are able to remain anonymous, they can create identities of the people they want to be -- this includes police officers posing as minors. During sting operations, police officers enter chat rooms posing as minors. Therefore, a person could face charges after having a sexual conversation with the "minor" and then offering to meet the minor, regardless if there is intent to meet for sexual reasons.
Registering As a Sex Offender
Regardless of the class of felony faced for a charge of Internet luring of a child, being required to register as a sex offender is possible consequence. Registering as a sex offender is often a lifetime requirement that has a profound impact on someone's life.
Registered sex offenders face restrictions on:
- Where they can live
- Where they can work
- With whom they can have contact, including their own children
Along with the restrictions that are imposed on them, sex offenders are also required to register at regular intervals with local authorities. Failing to register with the authorities could result in additional jail time.
There can be a lot of explanations for conversations between an adult and a minor, many of which are innocent. If you have been accused of Internet luring of a child, speak with an experienced attorney right away. Because the possible harsh consequences of the charge, it is important to have a knowledgeable attorney protecting your rights.
Article provided by Charles L. Fife & Associates, P.C.
Visit us at www.duidenver.com