Colorado Sex Crime Attorney Blog

Understanding Indeterminate Sentencing in Denver, Colorado

Posted by Kyle B. Sawyer | Sep 04, 2018 | 0 Comments

Many sex crimes in Denver County and throughout Colorado are subject to Indeterminate Sentencing. This means that a person convicted could find themselves in the Colorado Department of Corrections for the remainder of their life. The Colorado Parole Board will be the ones to determine if and when an inmate will be released. No other types of crime in Colorado use Indeterminate Sentencing. Because Colorado has a “no cure” philosophy when it comes to those who commit sex crimes, and due to the fact that the limited resources make it difficult to start Sex Offender Treatment, there is no guarantee that a sex offender who received an Indeterminate Sentence will ever be released. Having an experienced criminal defense lawyer represent you in court is vital when you are facing charges for a sex offense like Incest or Internet Luring of a Child. You do not want to leave your future in the hands of an angry judge, a misinformed jury, or a District Attorney who will take advantage of you.

Crimes that are Subject to Indeterminate Sentencing in Arapahoe County:

  • 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

Indeterminate Sentencing Definition in Douglas County

Under C.R.S. 18-1.3-1004 – Indeterminate Sentence – the Douglas and Arapahoe County, Colorado law defines that:

“The district court having jurisdiction shall sentence a sex offender to the custody of the department for an indeterminate term of at least the minimum of the presumptive range specified in section 18-1.3-401 for the level of offense committed and a maximum of the sex offender's natural life.”

This is if no aggravators are present in the crime.

What Are Aggravators in a Sex Crime in Adams County?

In legal terms, Aggravate means intensification. This could be impacted by the perpetrator's intentions or even the vulnerability of the victim, such as if they had a disability or were a child. Examples of aggravated sex crimes are if the crime was violent, if the person is a habitual child sex offender, or if the person committing the crime knew they had HIV. When aggravators are present, the minimum sentence will be increased.

If you or someone you love has been charged with a sex crime and is facing Indeterminate Sentencing, be smart, exercise your right to remain silent, and contact the best sex crime criminal defense attorneys from the O'Malley & Sawyer law office at 303-830-0880. Together, we can protect your future.

About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment