Colorado court reverses convictions of child luring, sexual exploitation

The Court of Appeals of Colorado has reversed convictions for state crimes of Internet luring of a child and Internet sexual exploitation of a child after a finding of insufficient evidence. People v. Douglas, 2012 Colo. App. LEXIS 549. The defendant had communicated with "Marsha," the alleged mother of a nine-year-old girl who would "make [her] daughter available ... for sex." Ultimately, the defendant traveled from Pennsylvania to Colorado where he was arrested.

To be convicted of Internet luring of a child, one must actually communicate about sexual conduct with a person "under fifteen years of age" and "make[] a statement persuading or inviting the person to meet [them]." The defendant here communicated with a person he thought was a 28-year-old woman about a child, which fails the requirements.

Internet sexual exploitation of a child criminalizes when a person "importunes, invites, or entices ... a person whom the actor knows or believes to be under fifteen ... to" expose their "intimate parts" or to "observe the actor's intimate parts." Again, there was no direct contact between the defendant and a person who was thought to be under fifteen. An argument of complicity (arguing the defendant was "accountable for a criminal offense committed by [the mother]") was also struck down.

Convictions for enticement of a child and solicitation were upheld.