Colorado Legal Defense Guide to the Sex Crime of Procurement of a Child

Introduction

The charge of procurement of a child is one of the most serious offenses under Colorado law, involving allegations of inducing or attempting to induce a minor into sexual acts, often for purposes of exploitation, including prostitution or pornography. These charges can have devastating personal, professional, and legal consequences. For individuals accused of this crime, understanding the law, the defense strategies available, and the potential penalties is critical. For legal practitioners new to defending clients charged with this offense, a detailed understanding of the intricacies of Colorado law, evidentiary standards, and possible defenses is essential.

This guide provides a comprehensive explanation of the crime of procurement of a child in Colorado, exploring definitions, elements of the crime, penalties, legal defenses, common issues, misconceptions, and practical strategies to defend against such charges. The guide will also cover collateral consequences, such as sex offender registration and long-term impacts on one’s personal and professional life. Whether you are a defendant seeking to understand the legal landscape or an attorney learning this area of law, this resource will help you navigate the complexities of procurement charges.

Understanding the Crime of Procurement of a Child in Colorado

Legal Definition of Procurement of a Child

Under C.R.S. § 18-7-403, procurement of a child refers to the act of knowingly inducing, persuading, enticing, or procuring a minor to engage in prostitution or other forms of sexual activity. This statute targets those who attempt to exploit minors for financial gain or personal sexual gratification. It also criminalizes individuals who facilitate, arrange, or attempt to arrange such acts, even if the act does not occur. The focus of the statute is on the intent and actions of the defendant rather than whether the sexual act was consummated.

Statutory Framework

Colorado law takes a broad approach to combat the sexual exploitation of minors. In addition to C.R.S. § 18-7-403, other statutes may intersect with procurement charges, depending on the specific facts of the case. These include:

C.R.S. § 18-7-402: Child prostitution and solicitation of a child.
C.R.S. § 18-3-405: Sexual assault on a child, which applies when physical sexual contact occurs.
C.R.S. § 18-3-306: Internet luring of a child, which may overlap when online interactions are used to entice a minor.

Overview of Elements of the Crime

For the prosecution to secure a conviction for procurement of a child, they must prove the following elements beyond a reasonable doubt:

Knowledge and Intent: The defendant knowingly engaged in actions with the intent to procure or entice a child into sexual activity.
Enticement or Procurement: The defendant took steps to procure, entice, or persuade the minor.
Involvement of a Minor: The alleged victim must be under 18 years of age. This element is critical, as procurement charges specifically focus on the protection of minors.
Purpose of Sexual Activity: The procurement was for the purpose of engaging in sexual activity, including prostitution, pornography, or other forms of exploitation.

Legal Terms and Definitions

Understanding key legal terms is essential when facing procurement charges in Colorado. Below are some important definitions that shape this area of law:

Child

For the purposes of procurement charges, a “child” is defined as any individual under the age of 18. Importantly, even if the child presents themselves as older, or if the defendant believed the child was older, the law applies strict liability when it comes to the age of the victim. The intent to exploit a person whom the defendant thought was an adult but turns out to be underage can still result in procurement charges.

Procurement

Procurement is broadly defined as the act of obtaining, arranging, or enticing another person to engage in unlawful sexual acts. This can include offering money, drugs, gifts, or using coercion, threats, or promises. The term also encompasses any steps taken to facilitate these acts, such as organizing meetings or communications.

Enticement

Enticement refers to efforts made to lure or persuade a minor to engage in illegal sexual activities. Enticement can occur in person or through other means, such as online communication or through intermediaries.

Exploitation

Sexual exploitation is a general term that refers to taking advantage of a minor for sexual purposes. This can include actions like using minors in prostitution or pornography, as well as other types of sexual acts that involve coercion or manipulation.

Consent

In cases involving minors, Colorado law does not recognize consent as a valid defense. This means that even if a minor willingly engages in the sexual activity or appears to agree, their age automatically voids their ability to legally consent to such activities. The law presumes that minors cannot legally consent to acts involving sexual exploitation.

Common Scenarios Leading to Charges

Charges for procurement of a child in Colorado can arise from a variety of circumstances. It’s important to understand the most frequent fact patterns that result in these charges:

Online Predation

One of the most common scenarios involves adults using the internet to communicate with minors with the intent to meet for sexual purposes. Law enforcement agencies often conduct sting operations, posing as minors online to catch individuals attempting to lure children. Even if no physical contact occurs, the mere arrangement of such meetings can lead to procurement charges.

Prostitution Rings and Trafficking

Individuals involved in the organization of prostitution or human trafficking can face procurement charges if they induce or facilitate the involvement of minors. This includes actions like advertising, arranging clients, or facilitating communication between the minor and potential buyers.

Personal Relationships

In some cases, adults may be involved in personal relationships with minors and persuade them to engage in sexual activity. Regardless of the nature of the relationship or the minor’s willingness, Colorado law does not tolerate the sexual exploitation of individuals under 18.

Third-Party Arrangements

Even if the defendant does not directly engage with the minor, facilitating a third-party arrangement where a child is provided for sexual exploitation can result in procurement charges. For instance, arranging for another person to meet with the minor for sex is sufficient to trigger liability under the statute.

Penalties and Consequences of a Conviction

Felony Classifications

The procurement of a child is classified as a felony in Colorado, reflecting the gravity of the offense. The specific felony class depends on the circumstances of the case and the defendant’s prior criminal history.

Class 3 Felony: In cases where the defendant’s actions involve direct and egregious sexual exploitation of a minor, the charge may rise to a Class 3 felony. This is one of the more severe felony classifications and can result in a lengthy prison sentence.
Class 4 Felony: In cases involving procurement but with fewer aggravating factors, the charge may be classified as a Class 4 felony, still carrying significant penalties.

Potential Sentences

The sentencing for procurement of a child can vary depending on whether the defendant has prior offenses and the severity of the specific conduct. Colorado’s sentencing laws for sex crimes generally include a combination of incarceration, probation, and fines.

Class 3 Felony: Sentences range from 4 to 12 years in prison, with potential fines between $3,000 and $750,000. Parole periods can extend the overall length of supervision.
Class 4 Felony: Sentences range from 2 to 6 years in prison, with fines ranging from $2,000 to $500,000. Extended parole supervision may also apply.

Additionally, aggravating factors, such as the use of force, threats, or involving multiple minors, can increase the severity of the penalties.

Mandatory Sex Offender Registration

One of the most significant and lasting consequences of a conviction for procurement of a child is mandatory registration as a sex offender under C.R.S. § 16-22-102. The requirements of sex offender registration are stringent and include:

Regular updates to personal information (address, employment, etc.).
Public disclosure of the offender’s status.
Restrictions on living near schools, parks, and other places where children are present.

Sex offender registration can severely impact one’s ability to find housing, maintain employment, and reintegrate into society after completing a prison sentence.

Collateral Consequences

In addition to the direct legal penalties, a conviction for procurement of a child can result in numerous collateral consequences:

Employment Barriers: Individuals convicted of sex crimes face significant challenges finding employment, particularly in jobs involving children, healthcare, or education. Many employers are unwilling to hire individuals with a sex offender record, and professional licenses may be revoked or denied.
Loss of Custodial Rights: Defendants convicted of procurement may lose custody or visitation rights if they have children. Courts are likely to impose strict limitations or supervised visitation to ensure the safety of any children involved.
Social Stigma: The social stigma attached to a sex crime conviction is often lifelong. The individual may face ostracism from family, friends, and the community at large.
Immigration Consequences: For non-U.S. citizens, a conviction for procurement of a child can lead to deportation, denial of naturalization, and other immigration consequences.

Legal Defenses to Procurement of a Child

Lack of Criminal Intent

One potential defense is demonstrating that the defendant lacked the necessary criminal intent to commit the crime. If the prosecution cannot prove that the defendant knowingly attempted to procure a child for sexual exploitation, the charge may not hold. This defense is particularly viable in cases where the communication was ambiguous or the defendant did not realize the implications of their actions.

Mistake of Age

A mistake of age defense arises when the defendant believed, or had reason to believe, that the alleged victim was over 18. While this defense can be difficult in Colorado due to strict liability for the victim’s age in procurement cases, it can still be raised under specific circumstances, such as if the minor provided false identification.

Entrapment

Entrapment occurs when law enforcement officers induce a person to commit a crime they would not have otherwise committed. In sting operations, this defense may be raised if the defendant can show that they were coerced or manipulated by police into engaging in conduct they did not initiate or intend to commit.

Insufficient Evidence

In many cases, the prosecution’s evidence may be circumstantial or insufficient to prove guilt beyond a reasonable doubt. A skilled defense attorney can challenge the credibility of witnesses, scrutinize the authenticity of digital communications, or point out gaps in the evidence.

Mistaken Identity

Especially in cases where online communication is involved, mistaken identity can be a viable defense. This defense asserts that someone else used the defendant’s online account or that the defendant’s account was hacked or accessed without their knowledge. Forensic evidence may be required to support this claim.

Common Misconceptions About Procurement of a Child

Consent as a Defense

One of the most common misconceptions is that if a minor consents to the sexual activity or willingly participates in sexual exploitation, the adult cannot be charged. However, under Colorado law, minors are legally incapable of giving consent to sexual acts involving adults. Consent is therefore not a valid defense.

The Minor’s Appearance or Behavior

Another misconception is that if a minor appears to be older than their actual age—through physical appearance, manner of dress, or behavior—the adult may use this as a defense. In Colorado, however, procurement charges are based strictly on the actual age of the minor, regardless of how mature they appear.

Private Online Communications

Some people mistakenly believe that private, online communications are safe from law enforcement scrutiny. In reality, many law enforcement agencies actively monitor internet activity, and private communications can be easily traced and used as evidence. Moreover, sting operations often involve officers posing as minors online to catch individuals attempting to engage in illegal activity.

Strategic Considerations for Defense Attorneys

Building a Strong Defense

When defending against procurement charges, the attorney’s first task is to thoroughly investigate the facts of the case. This includes examining all evidence, such as electronic communications, witness statements, and police reports. The defense must evaluate potential weaknesses in the prosecution’s case, such as gaps in the chain of custody for digital evidence, the credibility of witnesses, and whether entrapment played a role.

The Importance of Expert Testimony

In some cases, expert testimony may be necessary to challenge the prosecution’s evidence. For instance, digital forensic experts can examine electronic devices to determine whether communications were tampered with, whether someone else may have accessed the defendant’s account, or whether evidence was obtained legally.

Negotiating with Prosecutors

If the evidence against the defendant is overwhelming, negotiating with prosecutors to secure a plea bargain may be the best option. A skilled defense attorney can work to reduce the charges or negotiate a more lenient sentence in exchange for a guilty plea to lesser offenses. This approach is especially useful in cases where the defendant has no prior criminal history and shows a willingness to cooperate with authorities.

Managing the Client’s Expectations

One of the most important roles of a defense attorney is to manage the client’s expectations throughout the legal process. Given the severe penalties associated with procurement charges, it’s crucial to provide realistic assessments of the case’s strengths and weaknesses, as well as the likely outcomes. Preparing the client for potential prison time, the challenges of sex offender registration, and collateral consequences can help them make informed decisions about how to proceed.

Related Offenses to Procurement of a Child

Several other criminal charges may be brought in connection with or in addition to procurement of a child. Understanding these related offenses is important, as they may influence the strategy for defending against procurement charges.

Solicitation of a Minor

Under C.R.S. § 18-7-402, solicitation of a minor involves offering something of value (such as money or gifts) in exchange for sexual activity. This charge is closely related to procurement and often accompanies it, as it involves the same general conduct of attempting to persuade a minor to engage in sexual acts.

Sexual Assault on a Child

If physical contact occurs between the defendant and the minor, sexual assault charges under C.R.S. § 18-3-405 may be filed. Sexual assault on a child is a more serious charge and carries even harsher penalties, particularly when aggravating factors, such as force or threats, are involved.

Internet Luring of a Child

Internet luring of a child under C.R.S. § 18-3-306 occurs when an adult uses online communication (such as chat rooms, social media, or texting) to persuade a minor to meet for the purpose of engaging in illegal sexual activity. This charge frequently overlaps with procurement charges, especially when the internet is used to arrange meetings between adults and minors.

Practical Tips for Those Facing Charges

What to Do If You Are Arrested

If you are arrested and charged with procurement of a child, it is important to take immediate steps to protect your rights:

Do Not Speak to Police Without a Lawyer: Anything you say to law enforcement can and will be used against you in court. It is vital to remain silent and request an attorney as soon as you are arrested.
Document Everything: Keep a record of all interactions with law enforcement, any communications related to the case, and any evidence that may support your defense.
Avoid Contact with Alleged Victims: Do not attempt to contact the alleged victim or their family, as this could be construed as witness tampering or intimidation, leading to additional charges.

Rights During Police Investigations

During police investigations, individuals have certain rights that must be respected:

Right to an Attorney: You have the right to have an attorney present during any questioning by law enforcement.
Protection from Unlawful Searches: Law enforcement must have probable cause or a valid search warrant to search your home, car, or electronic devices. If evidence is obtained through an unlawful search, it may be excluded from trial.

Navigating the Legal Process

The legal process for procurement charges can be lengthy and complex. It’s important to have a clear understanding of the steps involved, from arraignment to trial, and what to expect at each stage.

Arraignment: The first court appearance where the defendant is formally charged and enters a plea.
Pre-Trial Motions: Motions may be filed to challenge the legality of the evidence, dismiss certain charges, or suppress statements made to police.
Plea Bargaining: At any point before trial, the defense and prosecution may engage in plea negotiations to resolve the case without going to trial.
Trial: If no plea agreement is reached, the case proceeds to trial, where the prosecution must prove the defendant’s guilt beyond a reasonable doubt.

Conclusion

The crime of procurement of a child carries severe penalties and long-lasting consequences. However, the law provides various defenses that may be raised depending on the facts of each case. Understanding the elements of the crime, potential legal defenses, and strategic considerations is crucial for anyone facing such charges or defending clients accused of procurement. If you or someone you know is charged with procurement of a child in Denver or anywhere in Colorado, seeking experienced legal counsel is imperative to navigate the complexities of the legal system and protect your rights.

By building a robust defense, challenging the prosecution’s evidence, and exploring all available legal options, it is possible to achieve the best possible outcome, whether through trial or negotiation.