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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 met with a probation violation complaint for a DUI in Summit County. I live outside of Colorado, in Boston. I felt hopeless. I felt like my only option was to travel out to Colorado, give myself up and just see what happened. That would have meant jail and thus loss of job and loss of house.

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Jeffrey Wolf was very professional, helped me feel better through an extremely scary process, and the serious case reached a favorable outcome. Highly recommend.

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I have contracted Cassandra twice now and both times had outstanding results. In the first case she got the results I tried to obtain with ease. When I spoke on my own behalf to the district attorney they wouldn’t budge in any way. Once Cassandra was involved it was like watching a master at work. She stated the facts and provided evidence to back her argument in my situation and actually got better results then I initially wanted. Then in a second unexpected turn of events she yet again worked her magic. She remained real with me the entire time and explained the reality of the situation and prepared me for the worst while still working hard to achieve the best results and let me tell you she far beyond exceeded expectations. Her hard work and perseverance caused unheard of result and I couldn’t be more satisfied. Throughout the entire process she never misled me, always remained patient and understanding; she always listened and always made sure to go the extra mile to make sure things went as planned. I was never charged with surprise fees or felt taken advantage of financially in any way. What I paid for the service and commitment to my case is unheard of in this day and age. I would recommend Cassandra and Wolf Law to anyone I know who is having legal troubles. You will not be disappointed! Sincerely thank you again to Cassandra and Wolf Law for everything you have done.

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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.

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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!!

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I hired Jeff Wolf to represent me in a DUI case where I was charged, but was not the one that was driving the vehicle. From the very beginning I felt that I was in good hands because he made me secure in the fact I was innocent and that, though I was drunk, I did not do anything against the law. Every time I emailed him, I received a response immediately. I felt that he knew the system well, and how to handle this “game” of law. When he had to deal with a health emergency, he made me aware of my options and what he thought would be my best choice, which was being represented for court by another attorney that knew my case inside and out. He just called me this past Monday to let me know my case was dismissed! I would recommend Jeff Wolf to anyone being charged with anything in Colorado. He knows the laws of Colorado and will keep it real with the possible outcomes of your case.

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