If you’ve been charged with a sex crime in Colorado, you need aggressive representation and compassionate legal counsel to weather the storm ahead. Sex crimes have serious and long-lasting consequences that you can’t afford to take lightly.
The Denver criminal defense attorneys at Wolf Law are dedicated to personalized defense representation, including sex crime cases. For a free consultation about your legal options, please call us at 720-479-8574 or tell us your story online to get started now.
Sex Crimes in Colorado
The actual criminal charges associated with sex crimes vary based on the unique circumstances of the incident. Sex crimes in Colorado include but are not limited to the following offenses:
- Sexual assault: Sexual assault is a broad term that applies to crimes involving unwanted or offensive sexual contact; charges can range from assault to battery to rape with penalties varying depending on a number of “aggravating” factors (i.e., the use of violence, date rape drugs, etc.).
- Child sexual assault: The age of consent in Colorado is 15; however, the age of the older actor will determine if statutory rape charges apply (even if no force was used).
- Indecent exposure: Indecent exposure may be charged when an individual purposefully exposes his or her genitals to cause alarm or offend another.
- Public indecency: Public indecency occurs when an individual reveals intimate parts (other than one’s genitals) in a lewd manner; this includes public sex but does not include behaviors such as public breastfeeding.
- Prostitution: Colorado has criminalized many prostitution-related crimes including soliciting (asking someone to buy sex), patronizing (paying for sex), and pimping (when a third party solicits customers on behalf of a prostitute).
- Internet luring: Internet luring of a child is the act of an adult knowingly communicating over a computer or other data network with a person whom the adult knows or believes to be less than 15, and during communication describes explicit sexual conduct and attempts to meet (in person) for any reason.
- Sexting: There is no criminal charge for “sexting” in Colorado, which usually involves exchanging nude or semi-nude images or explicit communications via mobile device, email, or other communications network. It is not a crime for consenting adults to engage in sexting; however, when a child is involved, this behavior can become a charge of internet exploitation of a child.
- Child pornography: There are three Colorado statutes prohibiting the production, distribution, and procurement of child pornography. The amount of pornography in question and previous criminal charges are examples of “aggravating” factors that could increase penalties and sentencing.
If you have questions about criminal charges, you need Wolf Law. Sex crimes are serious and can cause long-term harm to your reputation, financial future, and your ability to work and live in a community.
Colorado Sex Crimes Offenses and Penalties
Those accused of a sex crime may face municipal, misdemeanor or felony charges. Penalties and sentencing depend on the offense(s), the ages of the individuals involved, aggravating factors such as previous criminal history, the use of force or violence, and where the act took place.
Most Colorado sex crimes are charged as either a misdemeanor or felony. Some offenses are subject to lifetime supervision provisions and sex offender registration requirements. Following are some of the penalties associated with common sex crimes.
Sexual Assault
Since sexual assault covers a range of offenses, there are several classifications and penalties:
- Class 2 felony: These are considered some the most severe offenses and often involve serious bodily injury to the victim, multiple perpetrators, and/or the use of a deadly weapon.
- Penalties: Eight- to 48-year indeterminate sentence (meaning the judge picks a number from eight to 48 years and then sentences the individual to up to life in prison and the parole decides if or when an individual is released after the initial term is served); subject to lifetime supervision; sex offender registration required.
- Class 3 felony: This category is used for crimes in which the perpetrator impaired the victim though the use of drugs, alcohol, or threats of violence, or in instances in which the victim is kidnapped or is made physically helpless and has not consented.
- Penalties: Four- to 32-year indeterminate sentence (meaning the judge picks a number from four to 32 years and then sentences the individual to up to life in prison and the parole decides if or when an individual is released after the initial term is served); subject to lifetime supervision; sex offender registration required.
- Class 4 felony: This charge includes acts such as intrusion or sexual penetration disguised as medical services, or sexual misconduct when a victim is in the custody or care of law enforcement, hospital, or similar institution.
- Penalties: Two- to 16-year indeterminate sentence (meaning the judge picks a number from two to 16 years and then sentences the individual to up to life in prison and the parole decides if or when an individual is released after the initial term is served); subject to lifetime supervision; sex offender registration required.
- Class 1 misdemeanor: Sexual intrusion or penetration of a victim who is at least 15 but less than 17 and the perpetrator is at least 10 years older than the victim.
- Penalties: Six-month to 24-month sentence; subject to lifetime supervision; sex offender registration required.
Sexual Assault of a Child
- Class 3 felony: Any sexual contact committed by an individual who is at least four years older than the alleged victim, who is less than 15, and the perpetrator used force or threatened violence or retaliation, was in a position of trust or when this act is part of a pattern of sexual abuse.
- Penalties: Four- to 32-year indeterminate sentence (meaning the judge picks a number from four to 32 years and then sentences the individual to up to life in prison and the parole decides if or when an individual is released after the initial term is served); subject to lifetime supervision; sex offender registration required.
- Class 4 felony: Same as Class 3, but without the use of force or threat, position of trust or pattern of abuse.
- Penalties: Two- to 16-year indeterminate sentence (meaning the judge picks a number from two to 16 years and then sentences the individual to up to life in prison and the parole decides if or when an individual is released after the initial term is served); subject to lifetime supervision; sex offender registration required.
Other Sex Crimes Involving Minors
- Internet sexual exploitation of a child
- Penalties: Two- to 16-year indeterminate sentence (meaning the judge picks a number from two to 16 years and then sentences the individual to up to life in prison and the parole decides if or when an individual is released after the initial term is served); subject to lifetime supervision; sex offender registration required.
- Internet luring of a child
- Penalties: One- to 16-year indeterminate sentence (meaning the judge picks a number from two to 16 years and then sentences the individual to up to life in prison and the parole decides if or when an individual is released after the initial term is served); subject to lifetime supervision; sex offender registration required.
- Human trafficking of a minor for sexual servitude
- Penalties: Eight- to 48-year indeterminate sentence (meaning the judge picks a number from eight to 48 years and then sentences the individual to up to life in prison and the parole decides if or when an individual is released after the initial term is served); sex offender registration required.
Prostitution
The penalties for prostitution depend on the individual charged and his or her involvement (i.e., soliciting, patronizing, pimping, etc.).
For example, it’s a Class 3 misdemeanor to solicit another to perform a sexual act for money (prostitution). This is punishable by up to six months in jail; offenders are not subject to lifetime supervision and they don’t have to register as a sex offender.
However, patronizing a prostitute (i.e., paying for sex) is a Class 1 misdemeanor and punishable by up to 18 months in jail; offenders are not subject to lifetime supervision and don’t have to register as a sex offender.
Additionally, prostitution or solicitation of prostitution can also be municipal petty offenses with penalties up to one year of jail or fines up to $2,650.
Pimping is a Class 3 felony punishable by up to 32 years in prison; offenders are not subject to lifetime supervision and don’t have to register as a sex offender.
Indecent Exposure
- Class 1 misdemeanor: When a perpetrator willfully exposes his or her genitals to the view of any person in circumstances in which it’s likely to cause offense or alarm.
- Penalties: Six- to eight-month sentence; offenders are not subject to lifetime supervision, but the perpetrator has to register as a sex offender.
- Class 6 felony: Any third or subsequent incident involving indecent exposure.
- Penalties: 12- to 18-month sentence; offenders are not subject to lifetime supervision, but the perpetrator has to register as a sex offender.
Public Indecency
- Class 1 petty offense: Performing sexual intercourse in a public place; the lewd exposure of intimate body parts (other than one’s genitals).
- Penalties: Up to a one-year sentence; offenders are not subject to lifetime supervision and the perpetrator does not have to register as a sex offender.
- Class 1 misdemeanor: Any subsequent incident involving public indecency.
- Penalties: Six- to 18-month sentence; offenders are not subject to lifetime supervision, and the perpetrator does not have to register as a sex offender.
This list of offenses and penalties is just a summary of some of the most commonly charged sex crimes outlined in the Colorado criminal code. If you or a loved one faces criminal charges associated with a sex crime, it’s advisable to consult with a lawyer to fully understand the charges at hand and your legal options.
Get the Denver Defense Lawyer You Deserve
The stigma of sex crime-related charges is a heavy burden that can follow a person for the rest of his or her life. Many sex crime charges require registration as a sex offender.
More specifically, the Colorado Sex Offense Registry is an ongoing database of named sex offenders living in Colorado. This federally mandated database became accessible to the public in 1996.
The database also includes a list of sexually violent predators (SVP), who by definition pose a higher risk to the community. Once an SVP is released from the Department of Corrections, the community is actively notified. In fact, the Denver Police Department built a YouTube page dedicated to notifying the public about sexually violent predators.
This is significant because many sex offenders have no other criminal history and don’t fit the public’s perceptions of a “typical” sex offender.
The Denver criminal defense lawyers at Wolf Law have handled a broad range of sex crime cases, and we’re here to protect your rights through this challenging process.
If you or a loved one is charged with a sex crime, please call us today at 720-479-8574 or contact us online to schedule your free consultation.