Monday, May 1, 2023

Ali Alexander could face 2-6 years in prison and a $500,000 fine if Colorado prosecutors pursue charges and get a conviction for online solicitation of a minor

Ali Alexander

Ali Alexander, the right-wing activist who faces a police report in Johnstown, Colorado, alleging he sought "d--k pics" online from teen boys, could face 2-6 years in prison and a fine of up to $500,00 if tried and convicted of solicitation of a minor.

The Daily Dot broke the story of Alexander's online interactions with minors on April 19 and followed one week later with a story about a police report being filed in the case. It remains unclear if charges actually have been pressed against Alexander.

The official definition of the Online-Solicitation offense in Colorado is called Internet Luring of a Child, and the crime is codified in section 18-3-306 of the Colorado Revised Statute. 

As we noted in a recent post, Alexander has extensive political and legal ties to Alabama (including to prominent GOP figure Karl Rove, who long has been politically active in the state). Alexander has a history of attacking progressive voices in the state, including retired attorney/activist Dana Jill Simpson, along with Legal Schnauzer and me.

Clifton Black, a sex-crimes attorney in Colorado Springs, Colo., has written online about elements of the offense Alexander likely would face if prosecuted. Based on Black's words, it appears Alexander might have enough problems on his hands that he won't have time for harassing people who dare speak out in support of progressive ideas. Writes Black:

The internet is a great place to meet new people. But using this technology to send sexually explicit messages and photos in an attempt to lure a child is illegal in Colorado. Law enforcement routinely monitors the internet, so you can easily get caught during a sophisticated sting operation.

Very little needs to happen for prosecutors to convict you of the offense. If you meet with a minor after sending explicit messages, even if you had no intention of engaging in sexual activity, you have likely broken the law and can face possible conviction.

As for legal specifics, Black writes:

Online solicitation of a minor is officially known in Colorado as Internet Luring of a Child. The crime is codified in section 18-3-306 of the Colorado Revised Statute, and it involves an adult making sexually explicit comments to a minor with the intention of meeting up and engaging in those acts.

Chat rooms are not the only place where the offense can take place. You can be charged if you lured a child through text messages, phone calls or social media. Prosecutors must prove the following element to convict you of the offense.

  • You knowingly communicated using a computer, computer network, telephone or data network, text message or instant message
  • You knew or were led to believe the individual was younger than 15
  • You are four years older than the individual’s believed age
  • You communicated sexual content
  • You invited the individual to meet you for any purpose

The Colorado statute is unwieldy and filled with legalese, but Black breaks it down into everyday language:

Sexual content can include intercourse, masturbation, sexual fondling or sending sexually explicit photos. The court will not care if the child lied about their age, nor will they care if the meeting never took place. Simply believing the child was younger than 15 or suggesting a meeting is enough to be charged.

That sounds like prosecutors would have a chargeable case against Alexander, based on the words attributed to him in his online interactions with minors. Black then discusses possible penalties upon conviction:

Colorado takes the safety of its children seriously, and heavily penalizes crimes involving children. Charges and penalties for online solicitation of a minor depend on the intent of the meeting.

Luring a child with the intention to engage in sexual activity is a class 4 felony, which carries the consequences of:

  • 2 to 6 years in prison
  • 3 years of mandatory parole
  • A fine between $2,000 and $500,000
  • Mandatory registration as a Colorado sex offender

Luring a child through the internet without the intention of engaging in sexual activity is a class 5 felony in Colorado. A class 5 felony is punishable by the following:

  • 1 to 3 years in prison
  • A fine between $1,000 and $100,000

The court often fails to mention the collateral consequences entailing a felony conviction. You could lose your job, professional license, access to public benefits, the right to keep and bear arms and face chances of deportation.  Not to mention the social stigma of being convicted of a sex crime. These consequences can have a far greater impact on your day to day life than time in prison and fines.


Anonymous said...

He claims he's royalty!

legalschnauzer said...

He's a dangerous loon. Don't know how he got away without charges for Jan. 6, but as that day unfolded, I had a feeling something bad was going to happen -- and people were going to get hurt -- because Ali Akbar was involved in organizing the rally -- or at least part of it.

If charges are pressed in Colorado, it looks like Ali's got big problems. Akbar is a loose cannon and has been for a long time, and he has little regard for the rights and feelings of others. Those kind of of people can cause lots of problems, and right-wingers need to wise up and recognize that.

legalschnauzer said...

What kind of individual is Ali (Akbar) Alexander? This Daly Dot article provides insight:

Hedline: Ali Alexander returns to Twitter, boasts he could have destroyed the Capitol on Jan. 6 if he wanted to

Far-right influencer Ali Alexander says he could have destroyed the U.S. Capitol if he had chosen to on Jan. 6 in remarks made on his newly reinstated Twitter account.

Alexander, who claims his account was unbanned by Twitter owner Elon Musk this week after originally being removed following the 2021 Capitol riot, made the peculiar comment in response to criticisms from other Twitter users.

“If I desired violence on January 6th, which I didn’t, I would’ve planned for it and I’m a damn good planner,” Alexander said. “There wouldn’t have been a Cap left.”

If I desired violence on January 6th, which I didn’t, I would’ve planned for it and I’m a damn good planner.

There wouldn’t have been a Cap left.
— Ali Alexander (@ali)
January 10, 2023

Although Alexander was subpoenaed by the Jan. 6 Committee in late 2021, charges were never brought against him. Alexander spearheaded the “Stop the Steal” movement aimed at keeping Trump in power following his loss to then-presidential candidate Joe Biden.

Prior to the Capitol riot, Alexander appeared to suggest during numerous political rallies that violence could be used if Biden’s victory was certified.

At one such rally on Dec. 19, 2020 in Arizona, Alexander stated that he and his fellow protesters would do whatever was necessary to keep Trump in the White House.

“We’re going to convince them to not certify the vote on Jan. 6 by marching hundreds of thousands, if not millions of patriots, to sit their butts in D.C. and close that city down, right?” Alexander said. “And if we have to explore options after that…”

The evening prior to the failed insurrection, Alexander was also filmed chanting “Victory or Death” to a large crowd in Washington, D.C.

Anonymous said...

Whatever sort of immunity or cooperation deal he might (as rumored) have with the feds probably won't do bupkus for these certain other alleged acts.

legalschnauzer said...

Yes, I think you are right. Pretty sure they are separate legal matters. One is a federal issue and the other is state, so there is that.

I wonder if Karl Rove might try to get his buddy Ali off in Colorado. Not sure if Rove has that kind of pull in Colorado, but he probably has a vested interest in keeping Ali's mouth sealed shut.

Anonymous said...

He doesn't like to make left turns in his car at interstate exits?

He'd rather run out of gas and blame it on a psy-op?

Does he avoid double doors at businesses and double door refrigerators because one door has hinges on the left?!?

legalschnauzer said...


Thanks for adding some laughs to the proceedings.

Anonymous said...

It could be though he just doesn't like left turns for traffic safety reasons.

Imagine what a clusterfu*k it would be to get in an accident with this fool. Do they even have a box to check for royalty on the accident reports?

You call the insurance company and report you were in an accident with some guy who claims to be royalty and he's talking about psy-ops as well...your rates might be going up!

legalschnauzer said...

More laughs. I love it!

Reporting on Ali Alexander usually isn't amusing, but I'm glad our readers can find humor in it.

Anonymous said...

Assclown and dangerous aren't mutually exclusive descriptors.

There is no doubt he's both.

legalschnauzer said...

I've been looking for the perfect description of Alexander, and I think "assclown" might be a perfect fit.