• This field is for validation purposes and should be left unchanged.
  • Speak with An Experienced Defense Attorney Today

In Colorado, sex crimes are taken very seriously. They carry harsh penalties, ranging from 6 months in prison to a lifetime sentence.

Understanding the laws governing sex offenders can get tricky. That’s why we’ve pulled together a list of possible sexual assault charges in Colorado. We’ve also included a brief overview of the typical sentences and penalties associated with each crime.

Sexual Assault/Rape

There are many forms of sexual assault in Colorado. It is commonly defined as an instance in which the defendant knowingly penetrates or sexually intrudes upon a victim using the following means:

  • Forcing the victim to submit against their will
  • Knowing that the victim will submit because they mistakenly believe the defendant to be their spouse or significant other
  • Telling the victim that the sexual activity performed is actually a medical treatment

A defendant can also be convicted of sexual assault if any of the following are true of the victim:

  • They are unable to understand sexual contact, due either to their age or mental abilities
  • They are unconscious, sleeping, inebriated, or otherwise not in a state to give consent
  • They are 14 years old or younger and the defendant is 4 years or older and not a spouse
  • They are between 15-16 years old and the defendant is 10 years or older and not a spouse
  • They are confined to a jail, prison, hospital or other facility in which the defendant can use their authority to coerce the victim into sexual contact

Sexual Assault/Rape Sentencing and Penalties

Sexual assault and rape can range from Class 1 misdemeanors to Class 2 felonies, depending on the circumstances under which the crime was committed. Many of these crimes are subject to indeterminate sentencing. This is when the court imposes a minimum sentence but doesn’t require a maximum sentence, meaning that some sentences are lifelong.

Minimum sentences can range from 6 months to 48 years in prison. Sex offenses require defendants to register as a sex offender, some for the rest of their life. Sexual assault and rape sentences may also require the defendant to pay large fines and/or live under probation for the rest of their lives.

Unlawful Sexual Contact

This crime is defined as when the defendant knowingly touches the victim’s intimate areas or forces the victim to touch the defendant’s intimate areas for sexual arousal, gratification, or abuse. The defendant can be convicted of unlawful sexual contact if:

  • The victim doesn’t consent
  • The victim doesn’t understand sexual contact
  • The victim is unable to give consent for any reason
  • The victim is confined in an institution where the defendant has authority over them and is able to force the victim into sexual contact
  • The defendant uses drugs or other substances to impair the victim
  • The defendant claims the sexual act is part of a medical treatment
  • The defendant coerces someone under the age of 18 to expose themselves or commit a sexual act for the defendant’s gratification

Unlawful Sexual Contact Sentencing and Penalties

Typically, unlawful sexual contact will result in a Class 1 misdemeanor charge and an “extraordinary risk” crime. This ruling is punishable by 6 months to two years in jail.

If the contact is performed by means of threatening, forcing, or intimidating the victim, or if it involves a child or is done under the guise of a medical treatment, it will result in a Class 4 felony charge. This crime is typically punished by a minimum of 2-6 years in prison to a maximum of life in prison. Additionally, defendants are required to register as sex offenders and may be sentenced with probation.

Colorado Sexual assault charges lawyer

Sexual Crimes Against Children

A large majority of Colorado’s sexual assault laws address sex crimes committed against children. These crimes are, unfortunately, fairly common. Equally as unfortunate is that the rate of false accusations in these types of cases is abnormally high.

There are countless different types of sex crime against children. The following four are some of the most common child sex crimes we see as lawyers:

Enticement of a Child

Defendants may be convicted of enticing a child if they attempt or succeed in inviting or persuading a child under the age of 15 into a vehicle, building, or otherwise secluded place with the intent to commit sexual assault or unlawful sexual contact.

This crime is typically labeled a Class 4 felony, warranting a sentence a minimum of 2-6 years in prison to a maximum of life in prison, sex offender registration, and possible lifetime probation. If the offender has a previous conviction for enticement of a child, the second conviction will be a Class 3 felony. In that scenario, the defendant would receive at a minimum of 2-6 years in prison to a maximum of life in prison, required sex offender registration, and potentially lifetime probation.

Internet Luring of a Child

Internet luring of children is one of the most common sex crimes there is. It’s defined when an offender (4+ years older than the child) uses a computer to describe sexual acts or attempt to arrange a meeting with a child who is 15 years old or younger.

Convictions that are labeled Class 5 felonies will land the defendant in prison for a minimum of 1 to 3 years. If the intent of the action was also to commit sexual exploitation of the child, it will be labeled a Class 4 felony and subject to a sentence of a minimum of 2-6 years in prison to a maximum of life in prison. Both of these crimes require sex offender registration and may result in a lifetime of probation.

Sexual Exploitation of a Child

There are two aspects to this crime: regular exploitation and internet exploitation.

Defendants can be convicted for regular exploitation if they possess sexually exploitative material, knowingly causing a child to engage/be used for explicit sexual conduct, or traffic exploitative material.

Depending on the details, these offenses can be Class 6, 4, or 3 felonies. Sentences can then range from 12 to 18 months, a minimum of 2-6 years in prison to a maximum of life in prison, or a minimum of 4-12 years in prison to a maximum of life in prison respectively. All are subject to sex offender registration and the possibility of probation for life.

If the defendant uses a computer to communicate with and entice a child 15 years old or younger to touch their own or someone else’s intimate parts, it results in an internet sexual exploitation of a child charge. This is a Class 4 felony, subject to at least a minimum of 2-6 years in prison to a maximum of life in prison, sex offender registration, and possible lifetime probation.

Sexual Assault on a Child

Sexual assault on a child charges vary greatly based on the age of the child and the defendant. If the child is between 15 and 17 years old and a defendant, who is at least 10 years older and not a spouse of the victim, sexually intrudes on or penetrates the child, it is a Class 1 misdemeanor. This is also an extraordinary risk crime. Offenders may receive 6 to 24 months in jail and be required to register as a sex offender.

If the victim is less than 15 years old and the offender who is attempting sexual intrusion or penetration is at least 4 years older, the crime is a Class 4 felony. The defendant would be sentenced to a minimum of 2-6 years in prison to a maximum of life in prison, sex offender registration, and the possibility of lifetime probation.

Lifetime Prison

The reason so many of these crimes may require lifetime prison sentences is due to the indeterminate sentencing structure of sex offenses in Colorado Revised Statute 18-1.3-1001.  This law requires a judge to sentence someone to a definite minimum term required by the class of felony they are convicted of to a maximum of the rest of their life.  This means that once the person has completed the  minimum number of years ordered by the judge, the parole board will decide when or if they ever are released from prison.

Lifetime Probation

The reason so many of these crimes may require the offender to live under probation for the rest of their lives is the Sex Offender Lifetime Supervision Act of 1998. It requires nearly all Class 4, 3, and 2 sex offenses committed after November 1, 1998 to be accompanied by a sentence of lifetime probation for the defendant.

Whether or not lifetime probation is applied is decided by the court on a case by case basis. It is typically based on the likelihood of the victim committing similar crimes and the relationship between offender and victim.

When to Hire a Defense Attorney

Regardless of your innocence or guilt, if you are being accused of a sex crime it is critically important to speak to a lawyer before you speak to anyone else. Making premature statements to the police, the other party’s attorney, or anyone else without your own lawyer present can immediately tarnish your chances of a favorable outcome.

At Wolf Law LLC, our attorneys understand the potentially severe penalties associated with a sex crime conviction. We’ll take your case as seriously as you do, and we’ll be right there to fight for you every step of the way.

If you need help fighting sex crime charges, or believe you may be eligible for sex offender deregistration, call us at 720-479-8574 to schedule a free consultation.

Featured Blogs
  • Answers to 6 Common DUI Questions
  • Assault or Self-Defense?
  • happy hour to sober
  • breathalizer thumbnail
  • 4/20 safety
  • domestic violence cases
Certifications
Testimonials

5 Stars

Was super helpful and always available anytime that I reached out. He was thorough and did everything that he could to help me out with my high BAC case. There isn’t a silver bullet out there and you likely won’t be lucky enough that somehow the charges go away, so your best bet is to sit with a consultation with Jeff and get your legal defense going ASAP as you work on the items that you can control (education/therapy/MADD panel) and let him handle the court items

— Casey

Wow

Unfortunately, I have required an attorney more than a few times. That said, Jeff is the most intelligent, competent, compassionate, committed, aggressive representation to be found, without a doubt. Facing a felony DUI, no proof of insurance, careless driving and cruelty to animals (my dog gets more love than most people in the world), followed by two DURs (driving under revocation), I pretty much felt I was screwed. After hiring and firing two attorneys, I called Jeff. Note: Do your research before you waste money, and do whatever it takes to get the money for proper representation. I met with Jeff based on his peer reviews, client reviews, education and experience; all of them positive and 100 percent accurate. Twenty minutes into the consultation, all my built-up stress and anxiety had been significantly reduced. I thought my driving privileges were over for a while. Jeff showed me what I needed to do to get a restricted license, which I was able to do within a few days. Following that he made two DURs, jail time offenses, turn into one zero-point traffic violation. Then, one year to the date of my run-in with the law, Jeff and I went to trial. The no insurance charge was dropped. I was insured. The cruelty to animals charge was dropped after the first day of trial. On the second day, I was found not guilty of DUI, DWAI and careless driving. The time, effort and determination Jeff put in was clear, and his strategies and trial skills were clearly superb. No better counsel can be found in my opinion.

— Patrick

Best possible outcome!

I was facing felony assault charges for an altercation I got into and needed an attorney. It was self defense but the DA was not seeing it that way. After calling around I found Wolf law and spoke with Colleen Kelley on the phone about my case. From the get go she was very professional and I could tell that she truly cares for her clients and their rights and wants to get the best possible outcome. So many attorneys out there just go through the motions and take peoples money. Colleen is not one of them! She knows the law and knows your rights. She’s very experienced in these types of cases and it showed! We took this case all the way to trial and Colleen was nothing short of exceptional in court! She left no stone unturned and was 110% prepared when my trial date came around. She also did an exceptional job preparing me for trial. I felt very confident going into trial because Colleen was in my corner. Communication was great throughout the whole process. Needless to say we got the result we were looking for and I was found not guilty on all counts. I will forever be grateful to Colleen for her services and I am thankful that I chose her to represent me. If you’re looking for a top notch attorney, pick up the phone and call Colleen!

— Ivan M.

Would Have Been Lost Without Wolf Law

I was charged with my first DUI and was referred to Jeff by a friend of mine. He gave me a realistic expectation of what would happen and is an expert at navigating the process. Jeff is always incredibly quick to respond and is very knowledgeable. He is professional and represented me well in the courtroom. The experience of being charged with a DUI is a terrible, humiliating and challenging event – having an experienced attorney was priceless!

— Anonymous

Professional. Attentive. Experienced. Successful.

I was referred to Jeff by one of my friends who was recently represented by Wolf Law in his DUI case; I will be forever grateful for that recommendation. Jeff made this extremely stressful process feel much more manageable from start to finish. He was always responsive and highly communicative, even throughout my barrage of anxiety driven questioning. He was a maestro in the courtroom and was able to get me the absolute minimum penalties. He even got certain areas of my very unique case dismissed – saving me thousands of dollars in the process. While I hope I never have to, I will surely be recommending Wolf Law as DUI representation to any of my friends and family in the future.

— Anonymous

Jeff Helped Me Feel Safe Again

I would highly recommend attorney Jeffrey Wolf. He consistently demonstrates knowledge and professionalism, both in and out of the courtroom. His expertise helped me to understand the legal process. As a victim of domestic violence, I looked to Mr. Wolf to assist me in obtaining a restraining order. His compassion combined with skill helped me to feel safe again.  I reached a positive outcome in my case and felt informed, confident, and cared for with Mr. Wolf in my corner.

— Karen

Great Lawyer

I am very pleased with the outcome of my court case. Colleen Kelley kept me informed on the various process and was successful in removing my name from sex offender registry. I highly recommend Colleen Kelley if you need a lawyer.

— - Anonymous

One of the Best!

Absolutely the best!! Jeff and the team at Wolf Law successfully navigated me through one of the toughest and most stressful events of my life. From the 1st call to the last email, Jeff answered my questions, explained the laws and court procedures in terminology I could understand and kept me informed from start to finish. One of the best, case dismissed!!

— Ashlee Echols

Jeff Wolf

Jeff was very easy to work with and explained info in layman’s terms. As a side note, he gave my teenager some valuable advice on attitude as well!

— Mary Harmon

I Was Very Well Represented by Jeff

Regarding a DV assault charge, Jeff was able to have the judge do something he stated he’d never done in any similar case: he deferred my sentence, reduced probation, reduced the amount of classes I would have to take from being many weeks on end to 2 days, and instead of requiring a no-contact order (which would have left me homeless and unable to speak to my partner via any means), he placed me on a no-contact order with alcohol… That alone was the best thing I could hear.

Without going into details of my case, this was the best possible outcome I could have been given, and I’m so happy that I was recommended to him by a fellow law professional that went to school with Jeff. I will be using him again when the time comes to put this case behind me for good, and would recommend him to anyone who needs expert defense, and wants someone to explain your case in simple, yet professional terms. I felt very well taken care of. Thank you again, Jeff!

— Laurie A.