I recently read a story about a former school aide and coach having been arrested for having sexual contact with at least seven middle school aged boys. The story had reached national headlines because the man was also HIV positive, and claimed to have known about his infection status prior to his contact with the boys. This made me think about the different aggravators that can harshen sentences for Sexual Assault on a Child in Denver County cases. One such aggravator is a HIV positive status.

Jefferson County Sex Assault on a Child Lawyer – HIV Infection Health Status

For Jefferson County sex offenses – including Sex Assault on a Child – being HIV positive and committing a sexual offense that involves penetration aggravates the potential sentencing range. If a person is found guilty at trial of Sexual Assault on a Child, another hearing will be held in front of the judge – according to C.R.S. 18-4-415.5 – to determine if:

1. The defendant had notice of his or her HIV infection prior to the date the offense was committed; and
2. The infectious agent of the HIV infection was transmitted.

For the man above, it was reported that he confessed to knowing about his HIV infection prior to having sexual contact with his victims. That evidence would be admitted to meet part (a) of the criteria above. The report also indicated that some of the victims had been tested, but results had not been disclosed. Most likely, the HIV test results of the victims will not be released to the public, for the victims' protection. However, at least one of the victims would have to have the HIV infection in their system in order for the extended sentencing range to apply.

How Does an HIV Positive Status Affect Sexual Assault on a Child Sentencing in Arapahoe County?

If an Arapahoe County judge finds that the DA proved both of the elements outlined above, the defendant can be sentenced to at least the maximum of the presumptive range to life in the Colorado Department of Corrections. If the charge was for a class 3 felony Sexual Assault on a Child, the potential sentence would be 32 years to life in DOC. For a class 4 felony Sexual Assault on a Child, it would be a potential prison sentence of 6 years to life.

If you have been accused of Sexual Assault on a Child, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O'Malley Law Office at 303-830-0880 immediately. Together, we can protect your future.