Indeterminate Sentence Sex Crimes
Indeterminate Sentencing Sexual Offense Crimes In Colorado
When a Colorado judge gives a sentence with a minimum term of incarceration and no maximum, an indeterminate sentencing has occurred. See our indeterminate sentencing in Colorado page for more details. Sex offenders in Colorado counties like Denver, Jefferson and Arapahoe County are subject to the district court’s jurisdiction to serve anywhere from a day to life in prison based upon the nature of their sexual offense. This strict law allows the Colorado Department of Corrections (DOC) to have custody of the offender until DOC feels the person is no longer a danger to others. This may never occur, or may take many years beyond the minimum sentence. We are concerned that the legislature has taken important sentencing decisions away from judges, and placed them in the hands of unaccountable bureaucrats worried about their job security.
A “sex offender” is anyone who has pled guilty to, plead nolo contendere, or has been convicted of a “sex offense”.
Sexual offense crimes, (C.R.S. 18-1.3-1003), which are punishable by an indeterminate sentence, are listed as follows:
•· Sexual assault (C.R.S. 18-3-402)
•· Sexual assault in the first degree (C.R.S. 18-3-402)
•· Sexual assault in the second degree (C.R.S. 18-3-403)
•· Felony unlawful sexual contact (C.R.S. 18-3-404)
•· Felony sexual assault in the third degree (C.R.S. 18-3-404)
•· Sexual assault on a child (C.R.S. 18-3-405)
•· Sexual assault on a child by one in a position of trust (C.R.S. 18-3-405.3)
•· Aggravated sexual assault on a client by a psychotherapist (C.R.S. 18-3-405.5)
•· Enticement of a child (C.R.S. 18-3-305)
•· Incest (C.R.S. 18-6-301)
•· Aggravated incest (C.R.S. 18-6-302)
•· Patronizing a prostituted child (C.R.S. 18-7-406)
•· Class 4 felony internet luring of a child (C.R.S. 18-3-306)
•· Internet sexual exploitation of a child (C.R.S. 18-3-405.4)
“Sex offense” also includes criminal attempt, conspiracy, or solicitation to commit any of the offenses specified above, if such criminal attempt, conspiracy, or solicitation would constitute a class 2, 3, or 4 felony.
If a person has pled guilty to, plead nolo contendere, or has been convicted of one of the following crimes (or an attempt, conspiracy, or solicitation to commit) and an assessment determines the person is likely to commit another sex crime as a sexually violent predator under C.R.S. 18-3-414.5, or as a habitual sex offender under C.R.S. 18-3-412, then they shall be sentenced indeterminantly as well:
•· Trafficking in children (C.R.S. 18-3-502)
•· Sexual exploitation of children (C.R.S. 18-6-403)
•· Procurement of a child for sexual exploitation (C.R.S. 18-6-404)
•· Soliciting for child prostitution (C.R.S. 18-7-402)
•· Pandering of a child (C.R.S. 18-7-403)
•· Procurement of a child (C.R.S. 18-7-403.5)
•· Keeping a place of child prostitution (C.R.S. 18-7-404)
•· Pimping of a child (C.R.S. 18-7-405)
•· Inducement of child prostitution (C.R.S. 18-7-405.5)
When facing an indeterminate sentence to prison for a sexual offense in Douglas, Broomfield, or Adams County, you need the experienced criminal defense attorneys at O'Malley and Sawyer, LLC, fighting for your freedom. Call us today at 303-731-0719. Together, we can protect your future.