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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.

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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

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I recently had the pleasure of becoming Colleen Kelley’s client. Even despite the terrible circumstances of fighting wrongful criminal charges, Colleen provided a supportive and pleasant experience during this process. Thankfully, I was introduced to Colleen through another attorney. She took my case on short notice and started working on my behalf in less than 24 hours by showing up to court the day after I secured her services.

She was diligent in her research, communication, and pursuit of justice. In just three short months, my case was dismissed. During this three-month nightmare, Colleen provided clarity and assurance along the way. While Colleen was very thorough in regards to every possible outcome I might experience, her professionalism and devotion to this case made it clear that the outcomes would be outstanding from day one. I’m so thankful that I found Colleen to represent me. I would highly recommend her services.

— Dawn R.

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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

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My name is Matt and I was ordered to register as a sex offender for 10 years. I ended up registering for 15 because the courts make it near impossible to get off the list. I tried on my own more than once and the paperwork for one county alone is enough to discourage someone, let alone four counties. I felt hopeless.

I decided to call Wolf Law and get an estimate. I ended up meeting with Colleen Kelley and she was very helpful. Told me the price, which was very reasonable, and I paid to get started. She warned me that it can take up to a year to get a court date and she was right. For me it took nine months, but when the time came, she represented me well and I finally got off the registry.

Life is so much more comfortable now and less embarrassing. The S.O. title is one of the worst badges of shame one can wear and thanks to Colleen Kelley and Wolf Law I no longer carry that weight. I’m thrilled to feel like a normal guy again.

— Matt S.

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I had the pleasure of working with Cassandra on a petition I was making to the court. Cassandra’s representation was amazing. She communicated exactly what would be required of me. She set realistic expectations of how the process would work and kept me updated on where my petition was i the judicial process. I give Cassandra Monahan and Wolf Law my highest recommendation if you need someone on your side in the judicial system.

Thank you Cassandra for everything you did. I appreciate you!!!

— Mark J.

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Jeff is the best attorney my husband and I have used. He actually cared about what was best for my family. He actually fought for my husband and was on his side. He listened to my husband and made us feel like he was on our side and we could trust him with my husband’s future. I suggest to anyone looking for an attorney to put your trust in Jeff, he got us the best deal ever.

— Raena

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After a misread medical record, I was wrongly accused of a serious crime. Even though doctors admitted that the nurse misstated the severity of an injury, law enforcement tried to destroy my life. Law enforcement threatened to take away my wife, my kids and my life. I called around to a couple of attorneys, and no one offered the type of first-class customer service that Jeff provided. He was immediately available. Throughout the process, Jeff was there to guide and protect me. He was always available. And, after a long journey together, we found justice and freedom. During the process, I found Jeff to be intelligent, determined and highly personable. I strongly recommend Jeff!

— Anonymous

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Cassandra was absolutely amazing. She was fast, polite, professional, proficient, and extremely knowledgeable. She stayed in constant contact and took my many calls and silly questions. I rate her a 10 out of 10.

— Matthew Ferreira

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I retained the services of Jeff Wolf after I received a DUI. During the free consultation, Jeff reviewed his services and the details of what would happen before, during and after my trial. He was very thorough, supportive and diligent in ensuring all my questions were answered. I am thrilled with the level of service he provided for an extremely reasonable fee. Jeff was accessible and reassuring throughout this entire process. The end-result of my hearing was exactly what I had expected based on Jeff’s counseling. This is a direct result of his knowledge and experience with the court and the system. I was very impressed with his closing presentation in court and his professionalism and felt that the judge reduced my fines and my sentence because of Jeff’s efforts. I have already recommended him to two other people and will continue to recommend him to anyone requiring the services of a defense attorney.

— Monty

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I turned to Wolf Law for help after a small bumper ding in a Starbucks parking lot escalated once the Denver PD was involved. Jeff expertly stepped in to keep the matter from getting any more complex, including speaking with a Denver Police Officer who seemed intent on imposing the most severe charges possible. Jeff continued his zealous representation of my case in Traffic Court where he worked out a reduction in the ticket with the Denver City Attorney and also eloquently explained the situation and the facts at hand to the judge, resulting in a reduction in the fine. Wolf Law exceeded my expectations on this case and managed to keep me calm about the severity of the charges throughout the process. I would highly recommend Wolf Law to anyone and everyone, and if I ever have the need, I will definitely hire Mr. Wolf again.

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