In a recent police sting in Florida, officers arrested 13 men in what they called “Operation Cyber Guardian Fall Haul”. I think that the operation name reflects exactly how undercover detectives treat their sting operations: to “haul” in as many would-be sex offenders as possible. Some of these men may never have attempted to solicit sexual acts from a child, had the police not communicated with them, and in some cases like this, Entrapment can be a viable defense. Police also love to show-off their “haul”. They want their department to receive praise for the arrests, and can't wait to post the mug shots of those arrested, before they are even convicted of the crime. One of the accused is facing particularly harsh charges, as he was knowingly HIV-positive when he “solicited a boy who he thought was 14 to engage in unprotected sex” (Fox31 Denver). In Colorado, a sex offender who is knowingly HIV-positive is subject to Indeterminate Sentencing.

What is Indeterminate Sentencing in Denver, Colorado?

In Denver and throughout Colorado, when a crime is thought to be particularly extreme, the person convicted could receive an Indeterminate Sentence. This means that while a person receives a minimum sentence, they will not receive a maximum sentence. For example, a person could be sentenced with 6 years to life in the Colorado Department of Corrections.

What Crimes Are Subject to Indeterminate Sentencing in Arapahoe County?

In Arapahoe County, crimes against children and crimes of violence are sex crimes that are subject to indeterminate sentencing, in addition to someone knowingly being infected with HIV and committing a sex crime against someone else. The following crimes are all subject to indeterminate sentencing:

• Sexual Assault – C.R.S. 18-3-402
• First Degree Sexual Assault – C.R.S. 18-3-402, as it existed prior to July 1, 2000
• Second Degree Sexual Assault – C.R.S. 18-3-403, as it existed prior to July 1, 2000
• Felony Sexual Assault in the Third Degree – C.R.S. 18-3-404, as it existed prior to July 1, 2000
• Felony Unlawful Sexual Contact – C.R.S. 18-3-404
• Sexual Assault on a Child – C.R.S. 18-3-405
• Sexual Assault on a Child by a Person 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
• Internet Luring of a Child – Class 4 Felony – C.R.S. 18-3-306
• Internet Sexual Exploitation of a Child – C.R.S. 18-3-405.40
• 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

Sex Crime Attorney in Jefferson County

If you are facing charges for a sex crime in Jefferson County that is subject to Indeterminate Sentencing, be smart. Exercise your right to remain silent and contact the experienced criminal defense attorneys at O'Malley and Sawyer. Call us today at 303-830-0880. Together, we can protect your future.

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