Exceptional?
After four previous convictions of Colorado sexual assault, a man was recently charged in Jefferson County with sexually assaulting a teen. This time, however, he received twice the maximum sentence due to exceptional circumstances.
The man initially met the teen in an internet chat room. Next, they agreed to meet in person. The two met on several occasions, with the man giving the minor gifts. During their interactions, sexually explicit photographs were taken of the teen. Contact with police was initially made when the accused was pulled over for a traffic stop, and the teen was in the passenger seat. The man told Jefferson County deputies the teen was his nephew. Later, the deputies learned otherwise.
In addition to Sexual Assault, the man could have been charged with Colorado Sexual Exploitation of a Child for the manufacturing of “Sexual Exploitative Material” involving a child in Jefferson County. If someone commits a crime, possessing documentation, such as photographs, only makes it easier for the prosecution to prove the elements of their case needed for conviction. (C.R.S. 18-6-403)
According to CBS News, the man had admitted to 21 prior victims of sexual assault. A sex offender evaluation, written under the Colorado Sex Offender Management Board (SOMB) standards, showed the risk of him reoffending was “high to imminent.” Additionally, because this was a pattern of sexual contact rather than a one-time occurrence, the man was charged with a class-3 felony rather than a class-4. Colorado “Pattern of Sexual Abuse” means the occurrence of two or more incidences of sexual contact involving a child when such offences are committed by an actor upon the same victim. (C.R.S. 18-3-402, C.R.S. 18-3-401(2.5)).
Our firm provides full-time criminal defense to people accused of crimes in Adams, Arapahoe, Denver, Douglas, Jefferson and other Colorado Counties. If you or a loved one has been accused of Sexual Assault, Sexual Exploitation of a Child, or any other Sex crime, be smart, exercise the right to remain silent and contact O’Malley Law Office, P.C. We have eighteen years experience with criminal defense in Colorado helping people falsly charged or over charged. Working with our extensive network of experts, we have the tools to benefit you in the most serious of circumstances. Call us at 303-731-0719 to set up a free initial consultation. Together, we can protect your future.