When a Sex Crime Becomes a Federal Conspiracy in Colorado

When a Sex Crime Becomes a Federal Conspiracy in Colorado

Sex crimes are already serious offenses that carry heavy penalties in Colorado. But when two or more people conspire together to commit a sex crime, it can become an even more serious federal conspiracy case. This means much harsher potential sentences for everyone involved. So how does a sex crime turn into a federal conspiracy charge?

The Basics of Federal Conspiracy

Federal conspiracy laws make it a crime for two or more people to agree to commit a crime against the United States, even if they don’t actually carry out the crime. Conspiracy charges are very common in federal cases because they are easier to prove than the actual crime. Prosecutors only need to show evidence that people made an agreement and took some action to further the conspiracy [1].

Under 18 U.S.C. § 371, a conspiracy conviction requires:

• An agreement between 2 or more people to commit a federal offense
• Knowledge of and voluntary participation in the conspiracy
• Overt action by one conspirator in furtherance of the conspiracy

The punishment is up to 5 years in prison regardless of whether the planned crime was actually committed. Conspiracy charges are so broad, they can cover almost any federal crime including drug trafficking, fraud, terrorism, racketeering, and yes – even certain sex crimes [2].

How Sex Crimes Become Federal Conspiracy Cases

For a sex crime to become a federal issue, it has to involve violating a federal law. There are a few ways this can happen:

• Crossing state lines – If the conspiracy involves transporting a victim across state lines, it triggers federal jurisdiction under laws like the Mann Act.
• Use of interstate communications – If the conspirators communicate across state lines to plan or commit the crime, this can make it a federal case.
• Sex trafficking – Conspiring to recruit, transport, or coerce victims into commercial sex acts violates federal trafficking laws.

Some examples of sex crime conspiracies that could be charged federally:

• Agreeing to transport a minor across state lines to sexually abuse them
• Planning over the phone to produce child pornography
• Operating an interstate prostitution ring

The federal aspect gives jurisdiction to bring these much more serious conspiracy charges. This applies even if the substantive sex crime itself would normally be prosecuted at the state level [4].

Harsher Penalties Under Federal Conspiracy Laws

Why does it matter if sex crimes get charged as federal conspiracies? In a word, penalties. Federal charges mean much stiffer sentences compared to similar state crimes.

Under Colorado law, conspiracy to commit a sex offense is punishable by up to 6 years imprisonment. But federal conspiracy can mean up to 5 years in prison even if the planned crime never happens. And if the underlying crime does occur, sentences can be much longer [5].

For example, let’s say two people agree to transport a minor across state lines to produce child pornography. They could face:

• Up to 5 years for federal conspiracy under 18 U.S.C. § 371
• 10 years to life for actually committing the sex crime under 18 U.S.C. § 2241

So the total maximum sentence could be life plus 5 years! Compare this to a single Colorado conviction for conspiracy to commit sexual exploitation of a child, which would cap at 6 years prison. That’s a huge sentencing difference.

Challenges in Defending Federal Sex Conspiracy Charges

The broad nature of conspiracy charges makes them very difficult to fight in federal court. Some key challenges for defense attorneys include:

• Loose evidentiary standards – Hearsay evidence is often allowed to prove the existence of a conspiracy.
• Pre-crime penalties – Defendants can be convicted even if no actual crime occurred.
• Vicarious liability – Conspirators can be held responsible for crimes committed by co-conspirators.

Given these issues, having an experienced federal criminal defense lawyer is critical when facing federal conspiracy charges. An attorney can carefully examine the prosecution’s evidence and identify potential weaknesses in the government’s case [1].

Possible defenses in federal conspiracy cases include [6]:

• No actual agreement between defendants
• Withdrawal from the conspiracy before overt act
• Statute of limitations expiration
• Entrapment by government agents

While challenging, it is possible to fight and even beat federal conspiracy charges with the help of an experienced attorney.

Take Federal Conspiracy Charges Seriously

The bottom line is that federal sex crime conspiracies are not something to take lightly. The penalties can be severe even if you never committed an actual crime. If you believe you may be under investigation or have been arrested, consult with a federal criminal defense lawyer immediately. An attorney can carefully review the charges and evidence against you, advise you of your rights and defense options, and fight to achieve the most favorable outcome possible.

References

1. Defending Federal Conspiracy Charges | 18 U.S.C. § 371
2. Conspiracy to Defraud the United States | 18 U.S.C. § 371 – Federal Criminal Defense Attorney
3. Federal Conspiracy Law: A Brief Overview
4. What is Federal Conspiracy and What are the Penalties? – Criminal Defense Attorney
5. Federal Criminal Conspiracy | Office of Justice Programs
6. Prosecuting Criminal Conspiracies – Department of Justice