Legal Question in Criminal Law in Colorado

online sex sting?

Just curious what are the grounds for an arrest and prosecution being made in an online sex sting in COLORADO? My brother was recently convicted. . . and i am trying to do my best to help him. After he was done with court the prosecutor called and told him to burn all the court files and records that raised a red flag to me. He was on yahoo in an Adult (18+) chatroom when a cop posed as a 14 year old girl was talking to him and it ended up with him masturbating on webcam. im not sure what exactly was said but i could find out.


Asked on 11/18/08, 3:09 am

2 Answers from Attorneys

Philip Rosmarin Rosmarin Law Firm

Re: online sex sting?

Sounds like you've already described the grounds for his conviction, though you may wish to look to any errors made by his attorney or the court.

The business about the prosecutor telling your brother to burn court files and records is not credible; if it raised a red flag to you, that red flag ought to be pointing right at your brother.

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Answered on 11/18/08, 1:01 pm
Thomas Lubnau Lubnau Law Office, P.C.

Re: online sex sting?

I agree with Philip Rosmarin's reply. These sex stings are notoriously hard to defend, because they have screen shots and transcripts of exactly what your brother said and did. Two defenses are available, usually: entrapment, or not knowing the person on the other end was a juvenile.

With respect to burning the records that raise a red flag to you, pehaps the prosecutor was asking you to destroy any child pornographic images in your possession. Possession of those items, is, in and of itself, a crime.

Make sure you get a talented criminal defense attorney to look at the record for any grounds for appeal. Your brother, in addition to his conviction, will have to register as a sex offender for much of the rest of his life.

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Answered on 11/19/08, 5:54 pm


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