§ 18-3-306 — Internet luring of a child

(1) An actor commits internet luring of a
child if the actor knowingly communicates over a computer or computer network,
telephone network, or data network or by a text message or instant message to a
person who the actor knows or believes to be under fifteen years of age and, in that
communication or in any subsequent communication by computer, computer
network, telephone network, data network, text message, or instant message,
describes explicit sexual conduct as defined in section 18-6-403 (2)(e), and, in
connection with that description, makes a statement persuading or inviting the
person to meet the actor for any purpose, and the actor is more than four years
older than the person or than the age the actor believes the person to be.

(2) It shall not be a defense to this section that a meeting did not occur.

(a) and (b) (Deleted by amendment, L. 2007, p. 1688, � 8, effective July 1,
2007.)

(3) Internet luring of a child is a class 5 felony; except that luring of a child is
a class 4 felony if committed with the intent to meet for the purpose of engaging in
sexual exploitation as defined in section 18-6-403 or sexual contact as defined in
section 18-3-401.

(4) For purposes of this section, in connection with means communications
that further, advance, promote, or have a continuity of purpose and may occur
before, during, or after the invitation to meet.

Legislative History

Source: L. 2006: Entire section added, p. 2055, � 4, effective July 1. L. 2007: (1) and (2) amended, p. 1688, � 8, effective July 1. L. 2009: (1) amended, (HB 09-1132), ch. 341, p. 1792, � 2, effective July 1.