(1) An actor commits unlawful electronic sexual communication if the actor knowingly importunes, invites, or entices through communication via a computer network or system, telephone network, or data network or by a text message or instant message a person whom the actor knows or believes to be fifteen years of age or older but less than eighteen years of age and at least four years younger than the actor, and the actor committing the offense is one in a position of trust with respect to that person, to:
(a) Expose or touch the person’s own or another person’s intimate parts
while communicating with the actor via a computer network or system, telephone
network, or data network or by a text message or instant message; or
(b) Observe the actor’s intimate parts via a computer network or system,
telephone network, or data network or by a text message or instant message.
(2) An actor commits unlawful electronic sexual communication 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 the
actor knows or believes to be fifteen years of age or older but less than eighteen
years of age and at least four years younger than the actor and, in that
communication or in any subsequent communication by computer or computer
network, telephone network, or data network or by 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 committing the offense
is one in a position of trust with respect to that person.
(3) As used in this section, unless the context otherwise requires:
(a) Explicit sexual conduct has the same meaning as section 18-6-403
(2)(e).
(b) 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.
(c) Position of trust has the same meaning as section 18-3-401 (3.5).
(4) (a) Unlawful electronic sexual communication in violation of subsection
(1) of this section is a class 6 felony.
(b) Unlawful electronic sexual communication in violation of subsection (2) of
this section is a class 6 felony; except that unlawful electronic sexual
communication is a class 5 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.
L. 2019: Entire section added, (HB 19-1030), ch. 145, p. 1758, § 1, effective July 1.
This part 5 was added in 2010. It was repealed and reenacted in 2014, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this part 5 prior to 2014, consult the 2013 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
