What makes a Colorado sex crime or sex offense like Internet Luring of a Child (CRS 18-3-306), Aggravated Incest (CRS 18-6-301), or Internet Sexual Exploitation of a Child (CRS 18-3-405.4) different from non-sexually based crimes? Laws that govern Denver, Arapahoe, Jefferson, and Adams County make unique distinctions for sex crimes. Penalties are harsher, prison time is longer, and punishment may last for a person's lifetime.
The government sees sex offenders as a difficult criminal model to rehabilitate. Unlike other crimes such as robbery or manslaughter, judges that preside in Larimer, Weld, and Douglas County sentence criminal sex offender harshly. They see a sex offender as someone who will never be able to recover from a deviant mindset and is not able to be cured or rehabilitated. A person who has been convicted of pled guilty to a sex crime is seen as an incurable sexual deviant, who should never be given a second change. The public agrees with the mindset of law officials. Part of the reason may be that oftentimes children are the victims of sexual abuse. Young children are sometimes the target of these offenders and the crimes committed against them are unspeakable.
When a sex offender is sentenced, there are differences in their punishment as opposed to someone who offends with a non-sex crime. Serious sex crimes, like Sexual Assault, Sexual Assault on a Child, or Incest are sentenced using Indeterminate Sentencing, a type of sentencing that is unique to Colorado. Indeterminate sentencing means that the lower end of the sentence will be set, but the higher end is left open. Even the judge cannot order a date when the sex offender will be released. The decision is left to unaccountable state bureaucrats behind the scene. This is why many indeterminate sentencing cases read 2 to 4 years to life.
If you are accused of a sex crime like Unlawful Sexual Contact (CRS 18-3-404) or others, be smart, exercise your right to remain silent, and contact the experienced criminal defense attorneys at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.