Legal Question in Criminal Law in Colorado

Re: Enticment

Hello:

Colorado statute details Enticement of a Child under C.R.S. 18-3-305 as the following crime:

(1) A person commits the crime of enticement of a child if he or she invites or persuades, or attempts to invite or persuade, a child under the age of fifteen years to enter any vehicle, building, room, or secluded place with the intent to commit sexual assault or unlawful sexual contact upon said child. It is not necessary to a prosecution for attempt under this subsection (1) that the child have perceived the defendant's act of enticement.

(2) Enticement of a child is a class 4 felony. It is a class 3 felony if the defendant has a previous conviction for enticement of a child or sexual assault on a child or for conspiracy to commit or the attempted commission of either offense, or if the enticement of a child results in bodily injury to that child.

Under C.R.S. 18-1-105, for a class 4 felony, the presumptive range for a sentence is 2 to 4 years.

I would have to know more about the exact charges that he pled guilty to or was found guilty of and the exact sentence in order to tell you if it is normal for him to be in jail this long.

I hope this information helps you. David Colt, 303-321-6872.

Re: inticment

Rule 35(a) of the Colorado Rules of Criminal Procedure allow a court to correct, at ANY time, an illegal sentence. A sentence of 90 days for a conviction of enticement of a child would be ILLEGAL. The sentence range for enticement of a child is two to 16 years. Was your boyfriend really sentence to 90 days? If so, it may have been part of probation. If that period of probation was revoked, he would be in the 2-16 years range, or a maximum of LIFE. More info is needed, but I suspect the premise of your question is wrong.