Colorado has some of the strictest laws in the United States when it comes to sex offender sentencing. If you do not have an experienced defense attorney who handles sexual assault cases to defend you, it could result in a lifetime prison sentence in some cases. Even false accusations of sexual assault–which are far more common than people realize–can destroy a person’s marriage, reputation, and career. You need a criminal defense attorney to level the playing field for you when facing charges of a sexual nature. Here’s a closer look at the sentencing guidelines for convicted sex offenders in Colorado, to help you realize what is at stake.
How Colorado Classifies Sexual Offenses
Colorado law classifies any unwanted, forced, or coerced contact of a sexual nature against another adult or minor as a sex offense. Sexual crimes in the state are divided into three different basic categories.
Sexual contact crimes are the first. These include any unwanted touching of another person that is sexual in nature. This includes the unwanted groping of another person’s breasts, buttocks, or genitals.
Next are sexual assault crimes on a minor. This includes any type of sexual misconduct with a child aged 15 or younger when the accused is more than four years older than the accuser.
The third category is sexual assault itself. This category includes any sexual crime that involves penetration. It includes rape, forced intercourse, or penetration with an object.
Some acts that don’t fall into those three categories are still considered sex offenses in Colorado. If you are accused and found guilty of these acts, you could face prison time and fines and will be required to register on the Colorado Sex Offender Registry, possibly for the rest of your life. These non-categorized sexual offenses under Colorado law include:
- Patronizing a Prostitute
- Luring a minor child on the internet
- Possession, production, or distribution of child pornography
- Sexual exploitation of a minor
- Failure to register on Colorado’s Sex Offender Registry
- Incest
- Indecent exposure or flashing
Colorado law further divides sex offenses into misdemeanors and felonies, as we’ll describe next.
Misdemeanor Sex Offenses in Colorado
The majority of misdemeanor sexual crimes in Colorado are all lumped into one category. These are known as class one misdemeanors, or simply M1. This is the highest level of misdemeanor under Colorado law. Convictions for sexual misdemeanors are less severe than for felonies but are still very serious.
Examples of misdemeanor sex offenses under state law include misdemeanor unlawful sexual contact or indecent exposure. Another example would be the sexual penetration of a minor between the ages of 15 and 17 when the perpetrator is at least 10 years older and the two individuals are not married.
Misdemeanor Sex Offender Sentencing Guidelines in Colorado
A person convicted of a sexual misdemeanor can be sentenced to no more than 2 years in jail. They can also face financial fines of up to $5,000. In addition, they are required to register on the Colorado Sex Offender Registry for a minimum of 5 years after they are released from the jurisdiction of the court. Lifetime sex offender registry can be imposed for misdemeanor sex crimes, but that is up to the discretion of the court.
Felony Sex Offenses in Colorado
Felony sex offenses are considered much more serious and the penalties under the Colorado Revised Statutes are much more severe. You can be sentenced to decades in prison for some felony sex crimes in Colorado. We cannot stress this enough: If you have been accused of a sexual offense in Colorado, you must secure the services of an experienced attorney to defend your rights.
Felony sex offenses are divided into five different categories of severity. These are listed as Class 2 through Class 6 in the statutes. Descriptions of these classes of felonies and their potential sentences are as follows.
Class 5 and Class 6 Felony Sexual Offenses in Colorado
Class 5 and Class 6 sexual felonies are considered the least severe felony categories in Colorado. Examples of Class 5 or 6 felonies would include invasion of privacy for sexual gratification. These could be so-called “Peeping Tom” crimes or photographing another person intimately without their knowledge. Another example would be failure to register as a sex offender after it has been mandated by a court, or submitting false information when registering as a sex offender.
A conviction of a Class 5 or Class 6 felony can carry a prison sentence between 12 and 36 months (1 to 3 years). Imprisonment is followed by at least 1 year of compulsory Sex Offender Intensive Supervision Probation (SOISP). You can also be fined between $1,000 and $100,000. You will be required to register with the Colorado Sex Offender Registry for at least 10 years.
Class 3 and Class 4 Felony Sexual Offenses in Colorado
An example of a Class 3 or Class 4 felony in Colorado would be any type of sex trafficking of an adult. This includes harboring, isolating, or transporting a person for any type of commercial sex activity. Another example would be the sexual penetration of a minor relative who the defendant is not married to.
In many cases, conviction of Class 3 and Class 4 felony sexual offenses in Colorado carries a prison sentence of 10 years to life. Monetary fines can range from $2,000 up to $750,000. The defendant will have to remain on the Colorado Sex Offender Registry for a minimum of 10 years.
Class 2 Felony Sexual Offenses in Colorado
These are the most serious felony sex offenses in the state. They include crimes such as rape, sexual trafficking of a minor, unlawful sexual contact, using a deadly weapon during a sexual crime, or causing the victim serious injury during a sexual assault.
Prison sentences for Class 2 felony sex offenses in Colorado can range from 20 years to life in prison. Financial fines of up to $1 million can be imposed. Lifetime registration with the Colorado Sex Offender Registry is required for at least 20 years.
Indeterminate Sentencing in Colorado
Colorado uses indeterminate sentences for sex offenses, which is one of the biggest reasons why you should secure the services of an attorney to represent you. An indeterminate sentence will have a minimum number of years that a person must serve–but no maximum. Sentences, therefore, might be “4 years to life in prison,” or “10 years to life in prison.” This sentencing scheme is designed to keep a person in prison until they are no longer considered a threat to society. A parole board will determine if and when a person’s sentence ends if a judge imposes an indeterminate sentence.
If an offender is released from prison without having to serve a life sentence, they will be required to participate in specific rehabilitation programs in the Department of Corrections. These programs require that the person admit that they committed the offense they were accused of. This can present problems for defendants who lost at trial but are litigating their case on appeal.
Additional Penalties Colorado Courts Can Impose on Sex Offenders
Depending on the severity of the sexual offense that a person is convicted of committing, courts can, and often do, place additional restrictions that are a requirement upon release from prison. These can include restrictions on where the offender is allowed to live and work. Their life may also be restricted socially. For example, many sex offenders are required to abstain from alcohol as long as they are on probation.
Many communities in Colorado prevent sex offenders from renting or buying a home. Most Colorado cities have local laws that prohibit convicted offenders from living within a short distance of schools, daycare centers, or other locations where children gather. It’s also much more difficult for a convicted sex offender to find a job in Colorado. They are prohibited from working in any profession that involves children.
Contact Us If You Have Been Accused of a Sexual Offense in Colorado
ex offThe penalties for sex crimes in Colorado are extremely severe. Sheehan Law Denver is here to defend your rights if you have been accused of a sexual offense. We believe that everyone deserves a fair trial and we are here to defend your rights against these accusations. Call our office at (720) 381-6146 to speak with a Denver criminal defense attorney about your case.