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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 had an amazing experience working with Wolf Law, and specifically Cassandra Monahan. I was involved in a car accident and Miss Monahan not only got the ticket dismissed, but did it quickly and effectively. Moreover, she was great to work with, showing a genuine care for me and my case. I would highly recommend Wolf Law and Cassandra for anyone who needs representation with respect and results!

— Rob T.

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I hired Jeff Wolf to represent me for a DUI and accident involving damages. While I knew I was 100 percent in the wrong, Jeff never once made me feel like a terrible person for making a mistake. He quickly responded to emails and always called me back quickly when I had questions (I had a lot of questions). I’ve never been in trouble with the law before, and Jeff was patient in explaining everything thoroughly to me throughout the entire process, and was also able to get my sentence reduced. I recommend him to anyone going through a similar situation.

— Emily

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I was extremely fortunate to have Jeff as my lawyer during a difficult time. He made sure I was taken care of and fought for what he knew was right on my behalf. My experience working with Jeff was nothing but great as he helped me get through my case. He is extremely knowledgeable, kind, and is willing to help out with a smile on his face. Jeff is an AMAZING lawyer and I cannot thank him enough for all the hard work he has done! Thank you Jeff!

— Summer

Great experience – very satisfied

I could not be more pleased with the service I received from Jeff for my legal matter! It was apparent when first speaking with him that he is knowledgeable about the system and has experience with complex situations, and that he also the care and concern for his clients’ matters. He maintained constant, clear communication throughout the process about what was needed to be done to prepare for the court case, and was quick to respond to any questions. Jeff had the confidence that it would be possible to achieve or come close to achieving my desired outcome, and he in turn made me confident about my case, too. When people around me were asking if I was stressed or nervous about my court date, I was telling them that I was actually feeling pretty at ease having Jeff there to advocate for me. He handled the case very smoothly and professionally, spoke strongly yet eloquently for my case, and we ended up achieving the best possible outcome, which I am very happy about. Thank you so much to Jeff as well as his staff for being prompt, professional and easy to work with!!

— Radhika Kalra

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I’ve had the privilege of getting Jeff Wolf to represent me in my 1st DUI case. He did a great job explaining the case, the possible outcomes and overall getting good results. I highly recommend his services to anyone who has any moving violation infraction perhaps more and want to have the best results in court. Thank you Jeff.

— Marco

So Glad I Hired Jeff Wolf for My DUI Case

I was originally considering not hiring an attorney since this was my first DUI offense but I’m definitely glad I did. It was my first DUI but I was involved in a one-car accident and totaled my car. I started to worry about the possible consequences after reading the penalties online. I contacted Jeff’s office after reading reviews on AVVO left by other clients. From the beginning he was very straightforward regarding possible penalties and possible outcomes, and gave me the details of what he would do if I hired him.

We worked out what strategies we would use for the DMV and Court. Without going into too much detail, I have to say that I was extremely happy that I decided to hire Jeff. Immediately after hiring him I felt a lot less stress about the whole situation. He was always in contact with me every step of the process and even did things for me that I didn’t have to do myself, like my DMV hearing.

Every DUI case is different based on many different circumstances, so I can’t say that my results will be yours, however I was extremely happy with my results. He won my DMV hearing, and I didn’t lose my license and got pretty much the minimum penalties in court. Overall, I would recommend him to any family or friends who find themselves in the same situation. I have several friends who had similar situations who couldn’t believe how lucky I was to get the outcome that I did. Thank you for everything Jeff!

— Daniel G.

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When I was arrested at a concert hall for trespassing and placed in a detox center it didn’t feel right. I had confronted the police in order to find out why they where arresting somebody I knew and within seconds of my questioning I was in cuffs and associated with a crime that I seemingly had nothing to do with.

When I was released from detox I thought it was over but then I understood that I had to appear in court and my previously clean record was facing the documentation of a criminal charge. I wanted to try to keep my record clean and with some help I hired Wolf Law.

Given the relative simplicity of my case I only had to meet at the office of Jeffrey Wolf a handful of times. From the first visit I could tell that Jeffery was very professional and very serious. As more of my case was revealed and in consecutive meetings I could tell that Jeffery was building a strong defense.

While he couldn’t promise me any certain outcome his resolve to defend me as strongly as he possibly could was obvious. On my first court date, before much of the details of my case where known, I was accompanied by Jeffrey Wolf’s associate lawyer Colleen Kelley. Colleen defended me with a skillful amount of experience and made it possible for Wolf Law and me to buy more time and obtain the legal information required to build a defense.

On my second court date, after having met several times, I was accompanied by Jeffrey. Jeffrey told me to wait outside the courtroom and I complied. After roughly 20 minutes he reappeared to me with a welcoming smile and gave me the good news that he had gotten my cased dropped.

I’m not quite sure what he did in those 20 minutes but I can say with satisfaction that it was an amazing job. I felt, with fingers crossed, that it was a possibility that my case would be dropped but when it actually happened I almost couldn’t believe it. I’m very thankful for the work and service that was provided by Wolf Law. For them I have the utmost respect and my recommendation to anyone needing legal service goes to them with 100% certainty in their ability to promise and do their best.

— Christopher P.

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Jeff provided excellent legal advice and guided my situation to a very desirable outcome. He was in frequent contact via phone and email throughout the process, answered all of the questions that I had, and gave me the ability to confidently choose the best outcome for my circumstances. Legal issues are scary, complicated, and stressful but Jeff reduces all those negatives and makes you feel like someone has your back. Would highly recommend his services if you ever find yourself in need of criminal defense.

— Max I.