People v. Johnson.

2024 CO 32. No. 23SC51. Enticement of a Child—Attempt to Invite or Persuade a Child—Attempt as Completed Offense—Sufficiency of the Evidence.

May 28, 2024

The Supreme Court considered whether the court of appeals erred in concluding that the evidence was not sufficient to support Johnson’s conviction for enticement of a child, CRS § 18-3-305(1). First, the Court rejected the court of appeals’ reading of the word “attempt” in § 18-3-305(1) as referring to the inchoate crime of “attempt” defined in CRS § 18-2-101(1). Instead, the Court interpreted “attempt” under § 18-3-305(1) in accordance with its plain meaning.

The Court then held that Johnson’s words and actions, taken together and viewed in the light most favorable to the prosecution, constitute sufficient evidence for a reasonable person to conclude that Johnson attempted to invite or persuade the victim to enter his vehicle with the intent to commit unlawful sexual contact upon her. Therefore, the Court reversed the court of appeals’ decision vacating Johnson’s conviction on sufficiency grounds and remanded the case to the court of appeals to address his remaining appellate arguments.