Definition of Colorado Sex Offense Terms
In Colorado, the best offense is a good defense, and if you think you might be facing criminal sex offense charges in Denver, Jefferson, Arapahoe, Adams, Douglas, Larimer, or Weld counties, it is best to be knowledgeable about the law. Colorado sex crime laws are extremely harsh, and it does not matter if you are prosecuted in Denver, Englewood, Littleton, Highlands Ranch, Castle Rock, or Westminster. The punishments will be of the same degree of severity everywhere. Understanding the Colorado legal definitions of sex crimes will help in your defense.
Adult Sex Offender in Denver, Colorado:
1) A person age 18 or older that has been convicted of a sex offense in Colorado on or after January 1, 1994.
2) A person 18 or older that is convicted of any type of criminal offense, regardless of whether it was a sex crime or not, if they have already been convicted of a sex crime in the past.
3) A person 18 or older who commits a criminal offense on or after July 1, 2000 that has a fundamental foundation relating to a sex offense even though they did not plead guilty to a sex offense.
Juvenile Sex Offender in Jefferson County:
A person who at the age of 17 or under was adjudicated (a juvenile conviction) or had a deferred adjudication on or after July 1, 2002 for a sex crime or if they committed a crime with a fundamental foundation involving a sex offense.
Sex Offense in Arapahoe County: A misdemeanor or felony offense of
- Sexual Assault in the 1st degree (CRS 18-3-402)
- Sexual Assault in the 2nd degree (CRS 18-3-403)
- Sexual Assault in the 3rd degree (CRS 18-3-404)
- Unlawful Sexual Contact (CRS 18-3-404)
- Sexual Assault on a Child (CRS 18-3-405)
- Sexual Assault on a Child by a Person in a Position of Trust (CRS 18-3-405.3)
- Sexual Assault on a Client by a Psychotherapist (CRS 18-3-405.5)
- Enticement of a Child (CRS 18-3-305)
- Incest or Aggravated Incest (CRS 18-6-301 and 302)
- Trafficking in Children (CRS 18-3-502)
- Sexual Exploitation of a Child (CRS 18-6-403)
- Procurement of a Child for Sexual Exploitation (CRS 18-6-404)
- Indecent Exposure (CRS 18-7-302)
- Soliciting of a Child for Prostitution (CRS 18-7-402)
- Pandering of a Child (CRS 18-7-403)
- Procurement of a Child (CRS 18-7-403.5)
- Keeping a Place of Child Prostitution (CRS 18-7-404)
- Pimping of a Child (CRS 18-7-405)
- Inducement of Child Prostitution (CRS 18-7-405.5)
- Patronizing a Prostituted Child (CRS 18-7-406)
- Internet Luring of a Child (CRS 18-3-306 (3))
- Internet Sexual Exploitation of a Child (CRS 18-3-405.4)
- Public Indecency (CRS 18-7-301)
- Invasion of privacy for sexual gratification (CRS 18-3-405.6)
Definition of Terms Used in Sex Crimes in Douglas County
Board: Sex Offender Management Board (SOMB) that was established to monitor and manage treatment processes for sex offenders.
Sex Offender Treatment: Any therapy, monitoring, or supervision that the Sex Offender Management Board (SOMB) has determined the sex offender must complete.
Victim: The person who was allegedly exposed or subjected to a sex offense by an actor.
Actor: The person accused who allegedly exposed or subjected the victim to a sex offense.
Sexually Violent Predator (SVP): Someone who was convicted of 1st or 2nd degree Sexual Assault, Sexual Assault on a Child, or Sexual Assault on a Child by a Person in a Position of Trust who chose a stranger to assault or who groomed a relationship with someone specifically for the purpose of committing any of these offenses. An SVP is also identified from results of certain risk assessment instruments that show that the person is likely to commit another sex offense.
Consent: Engaging in a sex act by a person's own free will and in agreement with the other person who knows what is going on. Under the law there are some people who are unable to legally give consent and a sexual interaction with them is a sex offense. This applies to children under the age of 17 and persons of certain mental abilities or who are physically helpless.
Commercial sexual activity: sexual activity for which anything of value is given to, promised to, or received by a person.
(a) Demanding commercial sexual activity as payment toward or satisfaction of a real or purported debt; or
(b) Demanding labor or services as payment toward or satisfaction of a real or purported debt and failing to apply the reasonable value of the labor or services toward the liquidation of the debt; or
(c) Demanding labor or services where the length of the labor or services is not limited and the nature of the labor or services is not defined.
Pattern of Sexual Abuse: Committing two or more acts of a sexual offense against the same child.
Physically Helpless: A victim who is unconscious, asleep, or unable to show that they are willing to participate in a sex act. Someone who is drunk or under the influence of drugs may be classified as being physically helpless and therefore unable to give their consent.
A Person in a Position of Trust: A parent or someone acting in the place of a parent and is delegated the duties and responsibilities which that parent or guardian would perform. A person who is responsible for the health, education, welfare, or supervision of a child is also in a position of trust; this includes teachers, pastors, coaches, tutors, police officers, or mentors.
Diagnostic test: a human immunodeficiency virus (HIV) screening test followed by a supplemental HIV test for confirmation in those instances when the HIV screening test is repeatedly reactive.
Intimate parts: the external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person.
Medical-reporting victim: a victim who seeks medical treatment services following a sexual assault but who elects not to participate in the criminal justice system at the time the victim receives medical services.
Sexual contact: the knowing touching of the victim's intimate parts by the actor, or of the actor's intimate parts by the victim, or the knowing touching of the clothing covering the immediate area of the victim's or actor's intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse.
Sexual intrusion: any intrusion, however slight, by any object or any part of a person's body, except the mouth, tongue, or penis, into the genital or anal opening of another person's body if that sexual intrusion can reasonably be construed as being for the purposes of sexual arousal, gratification, or abuse.
Sexual penetration: sexual intercourse, cunnilingus, fellatio, anilingus, or anal intercourse. Emission need not be proved as an element of any sexual penetration. Any penetration, however slight, is sufficient to complete the crime.
Victim: the person alleging to have been subjected to a criminal sexual assault.