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009. COLORADO CRIMINAL CODE – OFFENSES AGAINST PERSONS – SEX CRIMES – CHILDREN – ADULTS

The Crime of Enticement of a Child in Colorado

Enticement of a child

A person who, with the intent to commit sexual assault or unlawful sexual contact, invites or persuades or attempts to invite or persuade a child under the age of 15 to enter a vehicle, building, room, or secluded place commits a class 4 felony. 18-3-305 (2)

A person who, with the intent to commit sexual assault or unlawful sexual contact, invites or persuades or attempts to invite or persuade a child under the age of 15 to enter a vehicle, building, room, or secluded place commits a class 3 felony if it is a second or subsequent offense or if the enticement results in bodily injury to that child. 18-3-305 (2)

The Crime of Internet Luring of a Child in Colorado

Internet luring of a child

A person who knowingly communicates over a computer or computer network, telephone network, or data network or by text message or instant message to a person who the actor knows or believes to be under the age of 15 and, in that communication or in any subsequent communication, describes explicit sexual conduct and makes a statement persuading or inviting the person to meet the actor (who is more than four years older than the other person or than the age the actor believes the other person to be) commits a class 5 felony. 18-3-306 (3)

Internet luring of a child is a class 4 felony if committed with the intent to meet for the purpose of engaging in sexual  exploitation of a child or sexual contact. 18-3-306 (3)

Sexual Assault Crimes in Colorado

Sexual assault

An actor, who is at least 10 years older than the victim and not the victim’s spouse, who knowingly inflicts sexual intrusion or sexual penetration on a victim who is at least 15 years of age but less than 17, commits a class 1 misdemeanor. 18-3-402 (3)

An actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits a class 4 felony if:

a) he or she causes the submission of a victim by means of sufficient consequence reasonably calculated to cause submission against the victim’s will;

b) the actor knows the victim is unable to appraise the nature of the victim’s conduct;

c) the actor knows that the victim submits believing the actor to be the victim’s spouse;

d) the victim is less than 15 years of age and the actor is four years older than and is not the spouse of the victim;

e) the victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses the position of authority to coerce the victim to submit unless the act is a lawful search; or

f) the actor, while purporting to offer a medical service, engages in treatment or examination of the victim for other than bona fide medical purposes. 18-3-402 (2)

Sexual assault is a class 3 felony when the victim is physically helpless and the actor knows the victim is physically helpless and has not consented. 18-3-402 (3.5)

Sexual assault is a class 3 felony when the actor:

a) causes submission of the victim through physical force or violence;

b) the actor causes submission of the victim by threat of death, serious bodily injury, extreme pain or kidnapping and the victim believes the actor can execute the threats;

c) the actor causes the victim to submit by threatening future retaliation; or

d) the actor has substantially impaired the victim’s power to appraise or control the victim’s conduct by use of any drug, intoxicant, or other means. 18-3-402 (4)

Sexual assault is a class 2 felony when:

a) more than one person aids the actor in the assault;

b) the victim suffers serious bodily injury; or

c) the actor uses a deadly weapon, or uses an article fashioned in a manner to cause a person to  easonably believe that the article is a deadly weapon, or represents verbally that the actor is armed with a deadly weapon, and uses the deadly weapon, article, or representation to cause the victim to submit. 18-3-402 (5)

The Crime of Unlawful Sexual Contact in Colorado

An actor who knowingly subjects a victim to any sexual contact commits a class 1 misdemeanor if:

a) the actor knows that the victim does not consent;

b) the actor knows that the victim is incapable of appraising the nature of the victim’s conduct;

c) the victim is physically helpless and the actor knows that the victim is physically helpless and the victim has not consented;

d) the actor has substantially impaired the victim’s power to appraise or control the victim’s conduct by employing, without the victim’s consent, any drug, intoxicant, or other means for the purpose of causing submission; or

e) the victim is in custody of a law enforcement agency or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority, unless incident to a lawful search, to coerce the victim to submit. 18-3-404 (2) (a)

Unlawful sexual contact is a class 4 felony when an actor compels a victim to submit by the use of force, intimidation, or threat or if the actor engages in treatment or examination of a victim for other than bona fide medical purposes or in a manner inconsistent with reasonable medical practices or if the adult actor knowingly, with or without sexual contact, induces or coerces a child to expose intimate parts or to engage in any sexual activity with another person for the actor’s own sexual gratification. 18-3-404 (2) (b)

The Crime of Sexual assault on a child in Colorado

Any actor who subjects a child under the age of 15 to sexual contact when that actor is at least four years older than the victim commits a class 4 felony. 18-3-405 (2)

Sexual assault on a child is a class 3 felony if the actor subjects a victim who is less than 15 years of age to any sexual contact, and the actor is at least four years older than the victim, and the actor applies force, or threatens death, injury, kidnapping, or future retaliation or the actor commits the offense as part of a pattern of sexual abuse. 18-3-405 (2)

The Crime of Sexual assault on a child by one in a position of trust in Colorado

Sexual assault on a child by one in a position of trust is a class 4 felony if the victim is 15 years of age or older but less than 18 years of age and the offense is not committed as part of a pattern of sexual abuse. 18-3-405.3 (3)

Sexual assault on a child by one in a position of trust is a class 3 felony if the victim is less than 15 years of age or the actor commits the offense as part of a pattern of sexual abuse. 18-3-405.3 (2)

The Crime of Internet sexual exploitation of a child in Colorado

An actor who knowingly importunes, invites, or entices, through communication via a computer network or system, telephone network, or data network or by text message or instant message, a victim whom the actor knows or believes to be under the age of 15 at and least four years younger than the actor to: a) expose or touch the victim’s own or another person’s intimate parts while communicating with the actor; or b) observe the actor’s intimate parts via a computer network or system, telephone network, or data network or by text message or instant message, commits a class 4 felony. 18-3-405.4 (3)

The Crime of Sexual assault on a client by a psychotherapist in Colorado

Sexual contact by an actor who is a psychotherapist with a client who is a patient or sexual contact between a  psychotherapist and a patient that occurs by means of therapeutic deception is a class 1 misdemeanor. 18-3-405.5 (2) (b)

Sexual penetration or sexual intrusion on a victim by an actor who is a psychotherapist with a victim who is a patient or sexual penetration or intrusion between a psychotherapist and a patient that occurs by means of therapeutic deception is aggravated sexual assault on a client by a psychotherapist and a class 4 felony. 18-3-405.5 (1) (b)

The Crime of Invasion of privacy for sexual gratification in Colorado

Knowingly observing or taking a photograph of another person’s intimate parts without that person’s consent, in a situation where the person has a reasonable expectation of privacy is a class 1 misdemeanor. This law applies to offenses committed on or after July 1, 2012. 18-3-405.6 (2) (a)

Invasion of privacy for sexual gratification is a class 6 felony if the offense is committed subsequent to a prior conviction for unlawful sexual behavior. This law applies to offenses committed on or after July 1, 2012. 18-3-405.6 (2) (b) (I)

Invasion of privacy for sexual gratification is a class 6 felony if an actor who is at least four years older observes or takes a photograph of the intimate parts of a person under the age of 15. This law applies to offenses committed on or after July 1, 2012. 18-3-405.6 (2) (b) (II)

The Crime of Failure to register as a sex offender in Colorado

Failing to register as a sex offender when convicted of misdemeanor unlawful sexual behavior or of another offense, the underlying factual basis of which involved misdemeanor unlawful sexual behavior, is a class 1 misdemeanor. If a person was adjudicated for an offense that would constitute misdemeanor unlawful sexual behavior if committed by an adult, or if the person is convicted of a misdemeanor sex offense in another state or jurisdiction and fails to register, it is a class 1 misdemeanor. 18-3-412.5 (3)

Failure to register as a sex offender or submitting false information on a registration form when convicted of felony unlawful sexual behavior or of another offense, the underlying factual basis of which involved felony unlawful sexual behavior; if adjudicated for an offense that would constitute felony sexual behavior if committed by an adult; or if  convicted of a felony sex offense in another state or jurisdiction is a class 6 felony. 18-3-412.5 (2) (a)

A second or subsequent offense of failure to register as a felony sex offender or submitting false information on a registration form is a class 5 felony. 18-3-412.5 (2) (a)

The Crime of Human Trafficking and Slavery in Colorado

Trafficking in adults

A person commits the class 3 felony of trafficking in adults if the actor: a) sells, exchanges, barters, or leases an adult (a person who is 18 years of age or older) and receives anything of value for the adult as a result of the transaction; or b) receives such an adult as a result of such a transaction. 18-3-501 (3)

Trafficking in adults is a class 2 felony if the adults are illegally present in the United States. 18-3-501 (3)

Trafficking in children. A person commits the class 2 felony offense of trafficking in children if he or she: a) sells, exchanges, barters, or leases a child (a person who is under the age of 18) and receives anything of value for the child as a result of the transaction; or b) receives a child as a result of such a transaction. 18-3-502 (3)

 


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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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