Aug 29

Absurd Laws in Colorado: Is Incest One of Them?

There are many absurd laws in ColoradoThere are many absurd laws in Colorado. For example, did you know that in the City of Boulder, it is illegal to roll rocks on public property? The law states:

“No person shall roll, throw, or otherwise move any rocks or boulders on any public property.”




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Obviously, the rolling of boulders is a big issue – think of the people put in danger from rolling stones?  But what about skipping stones across the lake? Another absurd law is in effect in Pitkin County. Did you know it is illegal to have a snowball fight in a public park in Aspen? The law states:
“It shall be unlawful for any person to throw any stone, snowball or other missile…at any person or in any public way.”




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You’d better not participate in a good snowball fight if you’re hanging out with your friends in the park. What you thought was a good-natured game of fun can result in criminal charges.  Obviously, these laws are ridiculous – many similar laws are in effect in Adams, Jefferson, and Denver County. But, when I say that Incest may be an absurd law, most people will instantly disagree. But, in some situations, Incest charges can be just as ridiculous as a law against the rolling of boulders or the throwing of snowballs. Let’s take a closer look:

What is Incest in the Denver Area?

For the purposes of this blog post, we’ll look at Aggravated Incest – C.R.S. 18-6-302, which is charged in Douglas, Arapahoe, and El Paso County when a person knowingly has a sexual relationship with “his or her natural child, stepchild, or child by adoption.” Right off the bat, it doesn’t seem like this in an absurd law. Parents (even parents who aren’t related to a child), shouldn’t have sex with their children. But, as criminal defense attorneys with over 25 years of experience, we have seen this law applied in absurd ways. I’ll use an example to make it easy to understand:

The Story of Cassie and Tom: Incest Charges in Colorado

Cassie always needed a lot of attention. Her dad wasn’t there for her growing up, so she constantly sought for approval from men. One day, she met a man named Greg – he was 39 years old, but young at heart. People were surprised the 19-year-old Cassie was drawn to someone twice her age, but Cassie and Greg were in love and got married. A year into their marriage, Greg admitted he had a 20 year old son from a failed relationship when he was young. His son, Tom, was having a tough time and needed to come live with his father. He moved into the home with Cassie and Greg, and everything seemed to work out perfectly. But, as the months passed, Greg grew busier with his work, and Cassie grew lonely. She and Tom spent a lot of time together, and slowly, a relationship blossomed. After all, they are both 20 – young, and full of life. What they don’t know, is that their relationship is illegal. If reported, Cassie would face Aggravated Incest charges, because Tom is her stepchild.

The Incest statute doesn’t take into account consent or age of the “victim.”

The Absurdities of Incest Charges

There are a few absurd things in the Incest statute. For example, “child” is defined as “a person under twenty-one years of age.” In what world is a 20-year-old a child? An adult of this age can do everything but vote and drink – they can join the military, go to prison, get a job, and drive a car. Their parents no longer have any legal hold on them. Second, there is no consideration as to whether or not the relationship was mutual. In the case of Cassie and Tom, they were both consenting adults who engaged in a relationship. The third absurdity in the Incest law is the level of severity of the offense. If a person is convicted of Incest or Aggravated Incest, they will face an indeterminate prison sentence. The judge is unable to set the upper limit of the sentence, so they could spend life in prison. How is this justice? The law needs to take into consideration the age of the “victim,” whether or not they consented to the sexual contact, and also tone down the consequences.

Why You Need a Lawyer for Absurd Laws

While the likelihood of being arrested and charged for throwing snowballs in Aspen, or rolling stones in Boulder is small, there are other absurd laws, such as Incest, which can result in serious, life-changing consequences. Common sense tells us that consenting adults should be able to have relationships with whomever they choose. But, absurd laws are often charged throughout Colorado, regardless of common sense. This is why you need an expert criminal defense attorney on your side, advocating on your behalf. Getting your case dismissed is our top priority, and we work hard to present a strong case to a jury to support your acquittal.

If you or a loved one has been charged with an absurd law like Aggravated Incest, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.

Image courtesy of stockimages at FreeDigitalPhotos.net

Aug 27

Arapahoe County Man Faces Internet Sexual Exploitation of a Child Charges

Facing Internet Sexual Exploitation of a Child charges after a police sting?Earlier this year, I came across a story about an Arapahoe County man who faced Internet Sexual Exploitation of a Child charges after a police sting. This didn’t surprise me; police sting operations are increasingly common throughout Colorado as police departments seek federal grants to supplement their budgets. Let’s look at a few elements of this crime and why most people arrested for this offense were caught as the result of a police sting.

Internet Sexual Exploitation of a Child Charges: A Closer Look

Put simply, Internet Sexual Exploitation of a Child – C.R.S. 18-3-405.4, is charged whenever these two elements are met:

  1. A person communicates online or over the phone (chatroom, text message, social media, etc.) with a child who they know to be under the age of 15, and
  2. During this communication, the person invites or entices the child to expose or touch their own (or another person’s) intimate parts, or observe the person’s intimate parts.

Internet Sexual Exploitation of a Child is a class 4 felony in Douglas, Adams, and Denver County. This crime is also subject to indeterminate sentencing, which means a person can be sentenced to the Colorado Department of Corrections for 2 years to life. A conviction also requires sex offender treatment (overseen by the Sex Offender Management Board), and registration as a sex offender.

Undercover police officers pose as children online.

Police Stings Result in Internet Sexual Exploitation Charges

Police stings are commonly used throughout Douglas, El Paso, and Lincoln County for internet sex crimes. This is because an undercover police officer can easily pretend to be a 14-year-old girl in an internet chat room. In fact, police officers all over the state receive grants to fund their sting operations. They focus on catching the “bad guy,” but fail to understand one thing: Most cases of Internet Sexual Exploitation of a Child are victimless. There is not an actual young person put at risk. These types of victimless crimes, often involving Entrapment, are filling up our prisons and clogging our courts. Our criminal justice system could be working to help real victims, but instead, is focusing on victimless crimes for which they can receive grants to keep their jobs, and buy the latest police equipment, new patrol cars, uniforms, and weapons.

Facing Internet Sexual Exploitation of a Child Charges? Call Us Now

Have you been charged with Internet Sexual Exploitation of a Child as a result of a police sting operation? Do you think you may have been entrapped by police? Don’t hesitate to contact one of our excellent criminal defense attorneys. We have years of experience in the courtroom, and we have a thorough understanding of criminal law in Littleton, Aurora, and Arvada. Don’t stand alone in front of a judge or jury – work with an advocate who will fight hard in your defense. Getting your case dismissed or an acquittal at trial is our top priority – we fight to win.
Contact an attorney

If you or a loved one has been charged with Internet Sexual Exploitation of a Child in Centennial, Highlands Ranch, or Lone Tree, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 303-830-0880.
Together, we can protect your future.

 Image courtesy of jscreationzs, at FreeDigitalPhotos.net

Aug 26

SOMB Sex Offender Evaluation for Denver and Colorado Sex Crimes

If you have been convicted of a sexual offense in Denver, Arapahoe, or Jefferson County, you will be required to complete a Sex Offender Management Board sex offender evaluation and sex offender treatment. The SOMB sex offense evaluation is harsh, and the therapists and counselors who complete the evaluation all believe sex offenders cannot be cured. Let’s look at what happens during an evaluation.

Sex Offender Evaluation: Standard Content

The SOMB has rules regarding what is in their report. This standardized content includes the following:Learn more about the sex offender evaluation in Colorado.

  • Sexual Profile and Test Results
  • Family and Relationship History
  • Risk Assessment
  • Description of the Present Crime and Review of Police Reports
  • Recommended Treatment
  • Alcohol and Drug Profiles (the results of extensive testing)
  • Clinical Interviews
  • Specific and General Recommendations
  • Evaluator’s Initial Impression of the Offender
  • Psychological Profile and Test Results
  • Offender Information (employment, mental health, medications, hobbies, religion, criminal history)
  • Physiological Assessment and Testing
  • Evaluation Summary

A defendant must cooperate fully with all the SOMB mandates.

Sex Offender Evaluation: The Cost and Mandatory Participation

Sex Offender evaluations completed by the SOMB are expensive in Douglas, El Paso, or Adams County. Defendants are required to pay out their own pockets, or face going to the Department of Corrections. The cost can range from $1,250.00 and up. The SOMB makes all decisions – a defendant must cooperate fully with everything the SOMB mandates in the offense specific evaluation, or face the threat of going to prison.

The Purpose of the Sex Offender Evaluation

There are many reasons sex offender evaluations are required in Colorado courts.

  • District Attorneys: DA’s use the evaluation results to determine what plea bargain they will offer to a defendant. They need something objective from an expert to support their decision.
  • Probation Department: The probation department uses the evaluation results to create their presentence investigation report (PSIR). This report makes sentencing recommendations to the court. Again, an objective expert opinion is important to support their report and its recommendations.
  • Judges: Judges use the evaluation tests results to help them in their decision regarding the correct probation, DOC, jail, or community corrections sentence. As above, an expert’s input is important to avoid future criticism of the judge.

In my opinion, all the people in this list use the opinion of the SOMB expert to cover their own tracks in case the defendant reoffends. They can point their finger and say: “The expert suggested this sentence.” Regardless of my opinions about the sex offender evaluation, it plays an important role in sentencing.

Why You Need an Attorney: Improving Sex Offender Evaluation Results

The SOMB sex offender evaluation is extremely important at sentencing. The judge, DA, and probation department all use it in deciding what your sentence should be. It is important to have the best test results possible. You can accomplish this by working with an excellent attorney who understands the testing process. The criminal defense lawyers at our office have an in-depth program which helps to increase your evaluation scores. We have helped many of our clients get more favorable results in certain categories, such as recommendations to community corrections, risk assessment, and probation supervision. Don’t go into your sex offender evaluation blindly without someone by your side to help you get the best possible outcome.
Contact an attorney

If you or a loved one is required to complete a sex offender evaluation, contact one of our experienced criminal defense attorneys to walk through the process first. Contact us for a free consultation at 303-830-0880. Together, we can protect your future.

Image courtesy of stockimages at FreeDigitalPhotos.net

Aug 22

“Sons of Guns” Star Accused of Sexual Assault on a Child

"Sons of Guns" star accused of Sexual Assault on a Child. Reality star Will Hayden, from the show “Sons of Guns,” has been accused of Sexual Assault on a Child. According to news reports, the ex-girlfriend of the star has alleged that he abused one of their daughters. Whenever we see a story like this in the news, we pause before we pass judgment. This is because, as leading criminal defense attorneys with over 20 years of experience, we have seen just how often false accusations of Sexual Assault are used as a means for revenge, control, or manipulation in Denver, Arapahoe, and Jefferson County. Let’s look closer at this crime and the circumstances surrounding this high-profile case.

What is Sexual Assault on a Child?

Sexual Assault on a Child – C.R.S. 18-3-405, is a serious sex offense, which results in the following upon conviction:

  • An indeterminate sentence to the Colorado Department of Corrections
  • Sex offender registration
  • Sex offender treatment overseen by the Sex Offender Management Board (SOMB)

This crime is charged whenever a person has any sexual contact (it can be the touching of the clothing covering intimate parts) with a child younger than the age of fifteen in Adams, El Paso, and Douglas County. Will Hayden has most likely been accused of Sexual Assault on a Child by a Person in a Position of Trust – C.R.S. 18-3-405.3, which is charged when the contact occurs between an adult in a “position of trust “ (a parent, teacher, coach, etc.), and a child under the age of 18. Regardless of the exact charge, this reality star is facing serious consequences if convicted. Let’s look closer at the circumstances of his alleged assault.

False accusations often lead to innocent people in prison.

Accusations of Sexual Assault on a Child a Result of “Bitter Ex-Girlfriend”

Will Hayden declares he is innocent of the accusations of Sexual Assault on a Child. Of course, everyone says they are innocent, but in our experience, many people accused of this crime really are free of guilt. With this crime, there doesn’t have to be any physical evidence; the accusations of a child are all that is needed. And, children are easy to manipulate. A bitter mother who wants to get back at her ex can often convince a young child that inappropriate situations really did occur: We have seen it first-hand. There are a few things which show us the accusations might be false:

  • The young alleged victim lives with her father, Mr. Hayden, instead of her mother. This illustrates the stability of Mr. Hayden, as opposed to the mother.
  • Child Protective Services removed the girl from the home to interview her. After questioning her, they returned her to her home – with her father. Child Protective Services would never return a child to a parent if they had evidence of abuse.
  • Hayden’s older daughter defends him, saying “there was never any impropriety in our home…he was and is a good father.” If there was any inappropriate sexual contact between Hayden and a child, his other children would not be surprised when accusations arose.

Why You Need the Best Sex Crimes Defense Attorney

Unfortunately, our criminal justice system isn’t very just when it comes to sex crimes involving children. We have seen District Attorneys take cases to trial with absolutely no evidence, and an alleged victim who is obviously lying. In one of our cases, the young girl making the accusations blatantly lied on the witness stand, and the DA was unwilling to dismiss the case. They do this to protect their careers (letting the jury make the decision), and to get experience in the courtroom. This is why you need a renowned criminal defense lawyer to be your unyielding advocate in court. When it comes to accusations of Sexual Assault on a Child, you need a lawyer who understands the importance of pointing out the lack of evidence to the jury. Here at the O’Malley Law Office, we fight to win.

Contact an attorney

If you or a loved one has been accused of Sexual Assault on a Child, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 303-830-0880. Together, we can protect your future.

Image courtesy of Salvatore Vuono at FreeDigitalPhotos.net

Aug 21

Charged with a Sex Offense for Mentoring: It Could Happen to You

It’s a much more dangerous world we live in today than sixty years ago. In the past, you could mentor nieces, nephews, siblings, and grandkids without fear of going to prison. This isn’t true anymore. Now, you could be charged with the serious sex offense of Internet Luring of a Child in Denver, Arapahoe, or Douglas County. You may not believe me. But, as an experienced criminal defense attorney who specializes in sex crimes, I have a thorough understanding of this law. Let’s look at how you can be charged with a sex offense for education or mentoring a child.

Mentoring Your Niece Could Lead to Sex Offense Charges

Mentoring a child can be dangerous in today's world.Let’s say you have a 14-year-old niece, who you are close to. She’s almost like a daughter to you, because her father is a single parent. You often offer a shoulder to cry on, and a source for motherly advice. One day, she calls you crying – she’s being relentlessly teased at her Jefferson County school. Her peers are harassing her because she doesn’t know the meaning of a few sexual phrases (including sadomasochism, which is a hot topic with the movie “Fifty Shades of Grey” about to be released) being tossed about by the other children. You have an honest conversation with her about the sexual phrases, explaining their meaning in a loving and educating way. At the end of the conversation, you suggest the two of you meet up for coffee at a Bow Mar coffee shop. You have just committed the crime of Internet Luring of a Child.

How Can an Innocent Person Be Charged with this Crime?

You still may not believe an innocent person with the best intentions can be charged with Internet Luring. So, let’s look at the statute – C.R.S. 18-3-306. It says a person will be charged with this sex offense if they:

“Knowingly communicate” online, or over the phone, with a child under the age of 15, and in that communication, describe “explicit sexual conduct,” and in connection with that description, make a statement “persuading or inviting the person to meet” for any purpose.

In order to fully understand this law, we need to look at the definition of “explicit sexual conduct” as reference in C.R.S. 18-6-403 (2) (e), which is:

“Sexual intercourse, erotic fondling, erotic nudity, masturbation, sadomasochism, or sexual excitement.”

While it’s true you discussed some of these terms with your niece, you didn’t do so out of exploitation or manipulation – you love her. All you wanted to do was to help her in her time of guidance. Her father is too busy with his career and his other children, and doesn’t know how to talk to his daughter about such delicate subjects. As her mother figure, you never imagined you could be charged with a felony sexual offense for trying to be there for your niece.

You were trying to be there for your niece, but have now been charged with a sex offense.

The Law is Broken: How We Can Fix It

The most notable element of the Internet Luring statute is the invitation to meet “for any purpose.” This is ridiculous. A person doesn’t have to have the intent of sexual assault or any type of sexual actions toward the child in mind. In fact, like the woman mentoring her niece, the meeting can be for a completely innocent purpose, like grabbing coffee or ice cream and spending time together. There is no exception in the law for mentoring, education, or parenting. The best fix for this terrifyingly broad law is define the meeting’s purpose as being for a sexual encounter, grooming, or sexual assault. Our legislature has written this law extremely poorly. Innocent people who only want to mentor and encourage children are in danger of being charged as sex offenders in Adams, El Paso, and Larimer County. If you have been falsely accused and charged with Internet Luring of a Child, don’t hesitate to contact the best criminal defense lawyer for your case. Here at the O’Malley Law Office, we fight to win.
Contact an attorney

If you or a loved one has been charged with Internet Luring of a Child, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 303-830-0880. Together, we can protect your future.

Image courtesy of stockimages at FreeDigitalPhotos.net

Aug 18

Peer to Peer File Sharing via the Internet in Denver

Learn more about the dangers of peer to peer file sharing. Sites such as BitTorrent, BearShare, Gnutella, Shareza, Ares, eMule, Limewire, and Kazaa, are file sharing sites called Peer to Peer (P2P) networks. They are used for the sharing of files, such as videos, music, photos, and movies. Peer to Peer sharing allows users to create index to share from their computer with other people across the world. This network is created without the use of a central server (which can be shut down). This means people in Arapahoe, Denver, and Jefferson County can search an enormous network of files for content they want. Often, this content is sexually explicit material depicting children. The possession or creation of this illegal pornography is called Sexual Exploitation of a Child – a sex offense in Colorado.

The Ease of Finding Images Leads to Greater Prosecution

Pornography involving children is a hot topic right now. In 2003, the government did an in-depth study on how easy it is to find sexual photos of kids. Law enforcement agencies in Adams, Douglas, and El Paso County have developed strategies to find people who download such material – more and more people are being charged with Sexual Exploitation of a Child. A person will be charged if they create, possess, or distribute (such as making them available to others on P2P networks) such images or videos. A conviction of this crime results in:

  • Possible prison time
  • Sex offender treatment
  • Sex offender probation
  • Sex offender registration

How Peer to Peer Users are Tracked Down by the Police

Peer to Peer networks are closely monitored by the police. They do this by identifying and tracing illegal materials based on a few key elements:

  • Title
  • Responses to search queries
  • File hash values

Each file has a “fingerprint” – a specific set of numbers called a hash value. Police officers in Denver, Littleton, and Aurora keep a database of known illegal files in a national database of thousands of hash values. When a file is made available using a Peer to Peer network such as Limewire or eMule, sheriff’s deputies in Boulder, Jackson, and Washington County identify the location of the person downloading the files by finding their Internet Service Provider (ISP). Search warrants are then obtained to confiscate all the computers and electronic devices in the person’s home where the download occurred.

The internet isn’t anonymous – it is closely monitored by the police.

The Internet isn’t Anonymous: Be Wary

We are contacted by people all the time who have been arrested for Sexual Exploitation of a Child. They often think the internet is an anonymous place where they can download what they want without repercussion. Nothing is further from the truth. The internet is closely monitored by police officers throughout Colorado who get grants from the government specifically for keeping an eye on Peer to Peer networks. Continued funding is based on results – or arrests. Once a specific hash value from the database is downloaded, it is a few minutes work to check the ISP registration and knock on the door of the person who downloaded the illegal media. And, judges are quick to issue search warrants in Sexual Exploitation cases. Once the police knock on someone’s door with a search warrant, they can confiscate any electronic device or digital storage hardware to search closely. The internet is far from anonymous. Keep this in mind when you visit P2P networks – the police are watching with sophisticated systems to track down anyone who uploads or downloads sexually explicit material involving children.

Peer to Peer Downloading Got You in Trouble? Why You Need a Lawyer

If you downloaded illegal images on a Peer to Peer file sharing site and have been contacted by the police, do these two things immediately:

  1. Exercise your right to remain silent – don’t talk to the police about anything.
  2. Contact an unbeatable criminal defense lawyer immediately.

The criminal justice system is brutal when it comes to sex crimes involving children. You need an advocate by your side if you have been charged with Sexual Exploitation of a Child. There are defenses to this crime, but you must be silent and contact a lawyer who knows how to utilize the tools available to protect your future. Don’t stand alone in the courtroom – work with an accomplished attorney who fights to win.
Contact an attorney

If you or a loved one has been charged with Sexual Exploitation of a Child after downloading images via a P2P network, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 303-830-0880. Together, we can protect your future.

 Image courtesy of hywards at FreeDigitalPhotos.net

Aug 15

Mandatory Reporting of Abuse: Is Clergy Included in Denver?

Is clergy included in the law requiring mandatory reporting of abuse?The law regarding mandatory reporting of abuse, neglect, and sexual abuse is confusing to many in Denver, Arapahoe, and Jefferson County. The law, “Persons required to report child abuse or neglect” – C.R.S. 19-3-304, outlines people who are required by law to report incidents or confessions of sexual abuse or neglect towards children to law enforcement. But, does this law apply to priests, pastors, rabbi, or other clergy members? In Colorado, clergy members are not required to report confessions of abuse. And, this is a good thing. How can people dealing with sin hope to overcome their struggle if they cannot get help from their pastor’s counseling or priest’s guidance? Let’s look at this law to better understand.

Mandatory Reporting Law in Colorado

The law states that a person (specified as doctors, nurses, dentists, police officers, teachers, coaches, therapists, counselors, etc.) “who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions that would reasonably result in abuse or neglect shall immediately upon receiving such information report or cause a report to be made of such fact to the county department, the local law enforcement agency, or through the child abuse reporting hotline system.”

The Law Regarding Clergy and Mandatory Reporters

While “clergy member” is listed in the people who are required to report abuse in Adams, Larimer, and Douglas County, immediately below their listing is the following:

“The provisions of this paragraph (aa) shall not apply to a person who acquires reasonable cause to know or suspect that a child has been subjected to abuse or neglect during a communication about which the person may not be examined as a witness pursuant to section C.R.S. 19-3-304 (1) (c), C.R.S., unless the person also acquires such reasonable cause from a source other than such a communication.”

In other words, when a confession is made to a clergy member during counseling, or told to a pastor when asking for spiritual advice, this confidential confession is protected by law. And, why should it not be? Pastors are to provide advice and counsel to members of their congregation. If a member is struggling with a sexual sin, he or she should be free to discuss their struggle with their spiritual guide without fear of being arrested. In this way, true rehabilitation can be facilitated. Unfortunately, governmental websites and other sources of information often ignore this law regarding confidentiality.

When a confession is made to a clergy member during counseling, this confidential confession is protected by law.

When Do Pastors and Clergy Have to Report Abuse?

People often struggle with the specifics of the law and when they are required to report. Let’s look at the law once again to be more specific. A clergy member is required to report if they acquire “reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions that would reasonably result in abuse or neglect.” Put simply, a clergy member is required to report child abuse or neglect if they:

  • Observe the act of child abuse
  • Hear from a child about an act of abuse (to themselves or another child)
  • See a child who obviously is the victim of abuse (unexplained bruises)
  • Hear from someone (in a way other than during a confidential communication) about an act of child abuse

How Does the Mandatory Reporting Law Affect You?

People tend to agree to laws that “protect children” without thinking about the personal impact on their own lives. For example, now that you know about this law, will you take your child to the doctor if they have bruises from playing outside? Would you and your spouse go in for marriage counseling (which would greatly benefit your marriage and family life), if you were concerned your husband was going to be arrested and charged with a serious crime? You probably answered “no” to these questions. People can’t get the help they need when mandatory reporting laws are overly broad. A person struggling with a sexual sin can’t get the help they need, and children are taken away from their families unnecessarily. You might think this law is reasonable, but as an experienced criminal defense attorney, I can attest to its overuse. I recently worked on a case where a young girl made up a story and ultimately, caused the entire family to be split. Her siblings are in foster care. Why is this family now destroyed? Because the Department of Human Services (Social Services) always believe children, no matter if the evidence doesn’t support their stories. Human Services would rather be “safe than sorry” (i.e. protect their own careers, rather than protect families). In the process, they destroy families and take children away from their parents.

Why You Need a Lawyer for Sex Crime Cases

If you have been contacted by the police after making a confession to a clergy member or counselor, contact an experienced criminal defense attorney immediately. You need an advocate to fight on your behalf. You need someone who has compassion and will stand by your side to fight the allegations against you. Don’t stand alone in the courtroom – work with a criminal lawyer who knows exactly what is needed to fight. Here at the O’Malley Law Office, we fight to win.
Contact an attorney

If you or a loved one has been charged with a sex crime in Denver, Centennial, or Aurora, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.

 

Aug 13

“ Sex on the Beach ”: Not the Drink – It’s a Sex Offense in Denver

Sex on the beach isn't always a drink. It's a crime. We’ve all heard of the alcoholic drink called “Sex on the Beach” – a cocktail of vodka and fruit juices. But, “ sex on the beach ” is sometimes just what it sounds like. According to a recent news report, a couple was engaging in the act on a beach in Florida – in broad daylight and in view of people. In Denver, Douglas, and Adams County, this crime could be charged in two ways – it could be charged as Public Indecency – C.R.S. 148-7-301, or Indecent Exposure – C.R.S. 18-7-302. In this blog, we’ll discuss both crimes.

What is Public Indecency in Colorado?

Public Indecency is charged when a person has sex, exposes an intimate part of the body (for the purpose of sexual arousal), fondles or caresses another person, or knowingly exposes genitals (with the purpose of causing alarm), in a public place. In most cases, it is charged as a class 1 petty offense, which is punishable with up to 6 months in the Denver County Jail.

- Why the Couple Could be Charged with Public Indecency

The definition of Public Indecency includes the act of sexual intercourse in a public place, so it is possible the couple would be charged with this crime if the act occurred in Colorado. Fortunately, this is not classified as a sex offense if committed for the first time.

What is Indecent Exposure in Colorado?

Indecent Exposure is charged when a person knowingly exposes their genitals to another person with the intent to cause alarm and satisfy sexual desire, or masturbates in a public place. It is usually a class 1 misdemeanor, which is punishable with up to 18 months in the Adams County Jail. It is a sex offense, however, which means the defendant would be required to go through sex offender treatment and register as a sex offender.

- Why the Couple Could be Charged with Indecent Exposure

While the definition of Indecent Exposure doesn’t explicitly mention sex in a public place, it does mention the exposure of genitals in order to arouse the sexual desire of any person. We can assume the “ sex on the beach ” incident was done in order arouse sexual desire – the couple knew people were watching, and even took a break and then continued.

The couple could be charged with 2 possible crimes – but one is a sex offense. It’s important to have a lawyer fight on your behalf so you get the best possible outcome.

“ Sex on the Beach ” Couple: Why They Need a Lawyer

In Colorado, the couple could be charged with either of these two offenses. Most likely, they would be charged with the more serious offense – Indecent Exposure. A conviction of this crime would mean a longer jail sentence for both, sex offender registration, and sex offender treatment overseen by the harsh Sex Offender Management Board (SOMB). District Attorneys usually overcharge crimes, hoping to scare people into pleading guilty. Instead of trying to “make the charges go away,”  it is much wiser to contact one of the best sex crimes defense attorneys to defend you. The excellent criminal lawyers at our office have a thorough understanding of criminal law and sexual crimes specifically. When we begin work on your case, we fight to win.
Contact an attorney

If you or a loved one has been charged with a sexual offense, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 303-830-0880. Together, we can protect your future.

Image courtesy of Suat Eman at FreeDigitalPhotos.net

Aug 11

Colorado Springs Therapist Arrested for Sex with a Patient

A CO Springs therapist was charged for having a sexual relationship with a client. A Colorado Springs therapist was arrested last year under suspicion of Sexual Assault on a Client by a Psychotherapist – C.R.S. 18-3-405.5. In Adams, Denver, and Jefferson County, it is illegal for a therapist or counselor to have a sexual relationship with a client. This law is outdated and unjust. This is because this crime is a sex offense, which means a person convicted of this crime will be treated the same as a serial rapist. A person who has a mutual, adult, sexual relationship should not be treated so harshly. Let’s look closer at this law to understand what I mean.

Aggravated Sexual Assault for a Mutual Relationship?

The law states a psychotherapist will be charged with aggravated sexual assault if they have a sexual relationship with a client. The client’s consent for the sexual relationship is not considered. In fact, the law even states:

“Consent by the client…shall not constitute a defense to such offense.”

In other words, a healthy client could initiate a sexual relationship, then call the police the next day and report it. The therapist would be held responsible for the act – regardless of the fact there was no victim in the case. How can a person be called a “victim” if they were clear-headed and willing? How can a person be charged with “aggravated sexual assault” for a normal, mutual sexual relationship?

In Colorado, a person can be charged with “Sexual Assault” for a mutual relationship.

Therapist in El Paso County Arrested for Sex with a Client

Unbelievably, this unjust law is in effect and is charged throughout Colorado, in Douglas, Arapahoe, and Larimer County. According to a news report, a woman called the police and told them she had met a therapist during group counseling sessions in Colorado Springs. They went out for drinks, and then slept together. They met again a few days later and again engaged in a sexual relationship (this time with a second woman). A month later, she reported the incident to the police. Let’s consider the fact that she consented to the sexual relationship – not only once, but twice, and with second woman. This wasn’t a rape or undue influence situation – this therapist didn’t attack his client in an alley, follow her home, or violently and physically force himself on her. Yet, he will be treated as if he was a violent criminal in our justice system.

What is the Sentence for Sexual Assault on a Client by a Psychotherapist?

This crime is a class 4 felony. Because it is a sex offense, it is treated harshly in Colorado. It is subject to:

If a person is convicted of this sex crime, they will be sentenced to the Colorado Department of Corrections for 2 years to life. This crime is considered to be as serious as Sexual Assault on a Child, Sexual Assault, and Incest. How can this be? Our justice system degrades true victims of sexual violence when they treat mutual sexual relationships the same as violent sex crimes. A person convicted of Sexual Assault on a Client by a Psychotherapist will also be required to go through sex offender treatment overseen by the Colorado Sex Offender Management Board (SOMB). The SOMB treats all sex offenders the same, regardless of the offense. A person who has a mutual sexual relationship with an adult should not be treated as a person who has a forced sexual relationship with a child. Yet, our courts view them the same. This goes for sex offender registration as well. A person convicted of this crime will be required to register as a sex offender and deal with the negative effects of being a registered sex offender in Colorado Springs.

Are You a Therapist Accused of Sex Assault? You Need a Lawyer

Our criminal justice system isn’t logical. They treat people who have mutual sexual relationships with consenting adults the same as people who force themselves on unwilling victims. This isn’t justice. If you have been accused of sexual assault and you are a therapist, don’t hesitate – contact an experienced sex crimes defense attorney to fight on your behalf. You need an expert in the courtroom who knows what  a judge or District Attorney is looking for. You need someone who knows the laws related to sex offenses well. Here at the O’Malley Law Office, we fight to win.
Contact an attorney

If you or a loved one has been contacted by the police regarding sexual assault, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.

Image courtesy of Ambro at FreeDigitalPhotos.net

Aug 08

A Recipe for Entrapment: Enticement Police Stings in Denver

Police stings: A recipe for entrapment in CO.Enticement of a Child is a sex offense in Denver, El Paso, and Adams County. It is most commonly charged after the police run sting operations online in order to catch “child predators.” Police sting operations throughout Colorado are a recipe for entrapment. In some cases, an experienced criminal defense attorney can look at the evidence and prove a person wouldn’t have committed a crime without the involvement of the police. Let’s look at this crime and its defense closer.

How is a Person Charged with Enticement of a Child?

Enticement of a Child is charged when a person:

  • Invites, or persuades, or attempts to invite or persuade,
  • Any child under the age of fifteen years old,
  • To go into a secluded place, such as a vehicle, building, or room,
  • For the purpose of committing Sexual Assault or Unlawful Sexual Contact against the child.

The police work hard to get the elements they need in order to convict someone of this sex crime. They know what to avoid saying or doing in order to escape the legal defense of entrapment. But, their actions are a recipe for entrapment. Only an excellent criminal defense lawyer knows for sure.

Police Stings: Departments Get Grants to “Catch the Bad Guy”

It’s always “in” to catch sexual predators. Yet, we question some of the tactics the police use in order to catch these so-called predators.  Police officers don’t browse teen chat rooms – instead, they enter adult chat rooms and pretend to be children. The general public often views police officers who run sting operations as heroes, but they forget that these officers get promotions, rewards, and career advancements when they catch people in police stings. They get grants in order to run the operations. There is a lot at stake for them to supply results.

Police officers pose as children in adult chatrooms as a part of a sting operation.

Police Stings are a Recipe for Entrapment Defense

Police officers pose as children in adult chat rooms. Once they have engaged someone in conversation, they will try to establish each of the elements of the crime of Enticement of a Child. For example, they will drop a hint that they are under the age of 15 (some of our clients don’t catch this hint, it can be subtle), and then suggest an invitation to meet for a sexual purpose. They walk a fine line, however. If they go too far in their suggestion, the entrapment affirmative defense can be used. Colorado law defines Entrapment in this way:

The commission of acts which would otherwise constitute an offense is not criminal if the defendant engaged in the proscribed conduct because he was induced to do so by a law enforcement official…seeking to obtain evidence for the purpose of prosecution, and the methods used to obtain that evidence were such as to create a substantial risk that the acts would be committed by a person who, but for such inducement, would not have conceived or engaged in conduct of the sort induced.

In other words, if it can be proved that you would not have committed the crime of Enticement of a Child without the inducement of the police, the affirmative defense of Entrapment may be used. This can be tricky, however, because the law goes on to state that “merely affording a person an opportunity to commit an offense is not entrapment.” Police officers in Arapahoe, Jefferson, and Douglas County work hard to make it look like they simply gave you the opportunity to commit the crime, instead of inducing you to do so.

Why You Need the Best Lawyer for Enticement Charges

If you have been charged with Enticement of a Child, you need to contact an experienced sex crimes defense attorney immediately. This is because you have a lot at stake. Enticement of a Child is subject to:

  • Indeterminate Sentencing: You could spend an unrestricted amount of time in prison.
  • Sex Offender Registration: You will be required to register as a sex offender.
  • Sex Offender Treatment: You will be required undergo treatment overseen by the SOMB.

Don’t give up hope – fight the charges against you by working with a knowledgeable criminal defense attorney who knows how to utilize the entrapment defense. We have successfully defended hundreds of clients charged with sex crimes in Englewood, Littleton, and Lakewood. You deserve a lawyer wo fights to win.

Contact an attorney for a free consultation

If you or a loved one has been charged with Enticement of a Child, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 303-830-0880. Together, we can protect your future.

Image courtesy of Simon Howden / FreeDigitalPhotos.net

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