Sex Offenses

ten years and potentially the rest of your life.  Additionally, most sex offenses cannot be expunged or sealed from your record.  The following are misdemeanor sex crimes:

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• Prostitution and soliciting prostitution are class 3 misdemeanors, punishable by up to six months in jail. C.R.S. § 18-7-201; § 18-7-202.

• Indecent exposure is a class 1 misdemeanor, punishable by six to eighteen months in jail, and requires sex offender registration. § 18-7-302.

• Unlawful sexual contact is a class 1 misdemeanor extraordinary risk, is punishable by six to twenty-four months in jail, and requires sex offender registration.  § 18-3-404.

• Invasion of privacy for sexual gratification (first offense) is a class 1 misdemeanor, is punishable by six to twenty-four months in jail, and requires sex offender registration. § 18-3-405.6.

 

Be aware that some of these can be charged as felonies with aggravating circumstances.  In fact, many sex crimes are classified as felonies with serious consequences and indeterminate sentences.

Some felony sex offenses carry indeterminate sentences, which means you could potentially be sentenced to prison or probation for the rest of your life. Class 5 and 6 sex felonies carry determinate sentences.  However, most class 4 and 3 felonies carry indeterminate sentences.  Additionally, all felony sex assault crimes, whether they are indeterminate or determinate, carry certain mandatory requirements such as felony sex offender probation and lifetime sex offender registration.  The following are felony sex crimes:

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• Internet luring of a child is class 5 felony, is punishable by one to three years in prison, and requires mandatory parole for two years and sex offender registration.However, if the crime is committed with the intent to meet the child for sexual exploitation, internet luring of a child is class 4 felony, is punishable by a minimum of two to six years in prison, and requires mandatory parole for three years and sex offender registration. § 18-3-306.

• Enticement of a child (first offense) is a class 4 felony, is punishable by a minimum of two to six years in prison, and requires mandatory parole for three years and sex offender registration.If the enticement is a second or subsequent offense or the child has bodily injury, it is a class 3 felony, is punishable by a minimum of four to twelve years in prison and mandatory parole of three years.  § 18-3-305.

• Unlawful sexual contact by force is a class 4 felony extraordinary risk, is punishable by a minimum of two to eight years in prison, and requires mandatory parole for three years and sex offender registration. § 18-3-404.

• Internet exploitation of a child (internet child porn) is a class 4 felony, is punishable by a minimum of two to six years in prison, and requires mandatory parole for three years and sex offender registration. § 18-3-405.4.

• Sexual exploitation of a child is a class 3 felony, is punishable by a minimum of four to twelve years in prison, and requires mandatory parole of three years and sex offender registration.However, if the exploitation is only simple possession (first offense), it is a class 5 felony, is punishable by one to three years in prison, and requires mandatory parole for two years and sex offender registration.If it is a second offense or if the person possessed more than twenty pictures, videos, or other material qualifying as sexually exploitative, it is a class 4 felony, is punishable by a minimum of two to six years in prison, and requires mandatory parole for three years and sex offender registration. § 18-6-403.

• Sex assault on a child is a class 4 felony, is punishable by a minimum of two to six years in prison, and requires mandatory parole for three years and sex offender registration.However, if the assault is accompanied by force or threats or is part of a pattern, it is a class 3 felony, is punishable by a minimum of four to twelve years in prison, is a crime of violence requiring a mandatory prison sentence, and requires mandatory parole of three years and sex offender registration. § 18-3-405.

• Sex assault on a child by a person in a position of trust is a class 4 felony, is punishable by a minimum of two to six years in prison, and and requires mandatory parole for three years and sex offender registration, if the child is fifteen or older.However, if the child is under fifteen or if the crime is part of a pattern, it is a class 3 felony, is punishable by a minimum of four to twelve years in prison, and requires mandatory parole of three years and sex offender registration.Additionally, if the crime is part of a pattern, it is a class 3 felony, is punishable by a minimum of four to twelve years in prison, is a crime of violence requiring a mandatory prison sentence, and requires mandatory parole of three years and sex offender registration. § 18-3-405.3.

• Failure to register as a sex offender is a class 6 felony, is punishable by twelve to eighteen months in prison, and requires mandatory parole for one year.However, if it’s the second or subsequent failure to register, it is a class 5 felony, is punishable by one to three years in prison, and requires mandatory parole for two years. § 18-3-412.5.

 

The above list represents some of the most common sex offenses but is not exhaustive.  There are many other sex crimes in Colorado.  In addition, most felony sex crimes carry indeterminate sentences, which means the Court can sentence you to a minimum of the range for the level felony associated with the sex crime you are convicted of up to life in prison.  If you are eligible for probation and are convicted of a sex offense that requires indeterminate sentencing, the same logic applies.  The Court can sentence you to the minimum range of probation associated with the level felony for the sex crime you are convicted of up to life on probation.  Finally, some sex offenses are considered crimes of violence even if a deadly weapon was not used or serious bodily injury did not occur.  If you are convicted of a sex crime that is a crime of violence, the Court must sentence you to prison and the minimum sentence must be the midpoint of the prison range for the level felony of the sex offense you are convicted.  The above prison terms are the ranges associated with each type of felony, but many sex crimes face indeterminate sentencing. See § 18-1.3-406.

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In addition to facing mandatory prison sentences, most sex offenses require you to register as a sex offender.  Some sex crimes that require registration include the following:

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• Sex assault

• Sex assault on a child

• Sex assault on a child by a person in a position of trust

• Unlawful sexual contact

• Internet luring of a child

• Enticement of a child

• Sexual exploitation of child

• Internet sexual exploitation of child

• Possession and distribution of child pornography

• Indecent exposure

 

Again, this list is not exhaustive.  There are many other sex crimes in Colorado that require sex offender registration.  Also, the period of time that you have to register may differ between different crimes.

 

Because sex offenses carry serious consequences, many sex offenses proceed to trial.  Most defenses to sex offenses include that the alleged victim lied and has a history of lying or the sex was consensual as indicated by past consensual sex.  However, in order to protect victims of sex offenses, the legislature in most jurisdictions, including Colorado, have developed rape shield laws.  These laws create specific procedures to follow when trying to introduce evidence of a victim’s history of false reporting of sex offenses or history of sexual conduct with others or the defendant.  See C.R.S. § 18-3-407.  For example, if a victim has a history of falsely reporting that people have raped or inappropriately touched the victim, that evidence is not admissible unless the defendant files a motion accompanied by sworn affidavits that show the victim has a history of falsely reporting sex assaults.  See § 18-3-407(2).  In addition, the Court must be convinced that the past reports of sexual assault are in fact false.  This procedure puts a huge burden on the defendant and can be fatal in a sex offense trial if the proper procedure is not followed.  If you are charged with a sex offense, make sure you retain an attorney familiar with this procedure.

 

Contact the Law Office of Michael Swink today and speak with an attorney experienced with rape shield and sex offenses.