Overview of Penalties for Sex Offenses:
Individuals accused of sex crimes face some of the toughest penalties in the criminal justice system. Colorado courts can lawfully impose “indeterminate sentences.” These sentences have no clearly defined endpoint or release date. For example, a defendant may receive an indeterminate sentence of two years to life. That defendant should understand that they will be incarcerated for a minimum of two years with no designated release date or parole eligibility date. Sex offenders who become incarcerated in the state of Colorado must enroll in programs within the department of corrections in order to be eligible for release under an “indeterminate sentence.” Unfortunately, these necessary classes often have lengthy waitlists and it's often difficult for individuals to enroll in necessary classes within the department of corrections.
Parole is difficult to achieve for convicted sex offenders and when it is granted, it is usually a rigorous lifelong program. Convicted sex offenders are required to register their names and addresses on the state’s registry. Additionally, sex offenders may face life long reporting requirements.
Common charges that may result in an indeterminate sentence include: criminal sexual contact, sexual assault, sex assault on a child, indecent exposure, public indecency, internet luring of a child, possession, distribution, or manufacturing of child pornography, patronizing a child prostitute, human trafficking of a child for the purposes of sexual servitude, and statutory rape.
Overview of Sexual Assault:
Many factors influence the penalties associated with a charge of sexual assault. Sexual assault may be charged as a misdemeanor or felony.
First Degree Misdemeanor (M1)
General Description: sexual intrusion or penetration of a victim who is at least 15 but less than 17 and the perpetrator is at least 10 years older than the victim.
Potential Penalties: 6 to 24 month determinate sentence; subject to lifetime supervision; sex offender registration required.
Class Four Felony (F4)
General Description: includes acts such as intrusion or sexual penetration disguised as medical services, and/or sexual misconduct when a victim is in the custody or care of law enforcement, hospital, or similar institution.
Potential Penalties: 2 to 16 year indeterminate sentence; subject to lifetime supervision; sex offender registration required.
Class Three Felony (F3)
General Description: used for crimes in which the perpetrator impaired the victim though the use of drugs, alcohol, or threats of violence, or in instances in which the victim is kidnapped or is made physically helpless and has not consented.
Potential Penalties: 4 to 32 year indeterminate sentence; subject to lifetime supervision; sex offender registration required.
Class Two Felony (F2)
General Description: involve serious bodily injury to the victim, multiple perpetrators, and/or the use of a deadly weapon.
Potential Penalties: 8 to 48 year indeterminate sentence; subject to lifetime supervision; sex offender registration required.
Overview of Sex Assault on a Child:
Sex assault on a child is generally treated more seriously than sex assault on an adult. Sexual assault on a child is charged as either a class 4 or class 3 felony.
Class Four Felony (F4)
General Description: any sexual contact committed by an individual who is at least four years older than the alleged victim, who is less than 15.
Potential Penalties: 2 to 16 year indeterminate sentence; subject to lifetime supervision; sex offender registration required.
Class Three Felony (F3)
General Description: any sexual contact committed by an individual who is at least four years older than the alleged victim, who is less than 15, and the perpetrator used force or threatened violence or retaliation, was in a position of trust or when this act is part of a pattern of sexual abuse.
Potential Penalties: 4 to 32 year indeterminate sentence; subject to lifetime supervision; sex offender registration required.
Other offenses involving minors such as internet luring of a minor, internet sexual exploitation of a minor, and human trafficking of a minor for sexual servitude also carry severe penalties. Those penalties include indeterminate sentences to the department of corrections; lifetime supervision; and sex offender registration is required.
Contact attorney James Frazier if you or your loved one is being accused of a sex offense. Call (720) 583-5529.
Individuals accused of sex crimes face some of the toughest penalties in the criminal justice system. Colorado courts can lawfully impose “indeterminate sentences.” These sentences have no clearly defined endpoint or release date. For example, a defendant may receive an indeterminate sentence of two years to life. That defendant should understand that they will be incarcerated for a minimum of two years with no designated release date or parole eligibility date. Sex offenders who become incarcerated in the state of Colorado must enroll in programs within the department of corrections in order to be eligible for release under an “indeterminate sentence.” Unfortunately, these necessary classes often have lengthy waitlists and it's often difficult for individuals to enroll in necessary classes within the department of corrections.
Parole is difficult to achieve for convicted sex offenders and when it is granted, it is usually a rigorous lifelong program. Convicted sex offenders are required to register their names and addresses on the state’s registry. Additionally, sex offenders may face life long reporting requirements.
Common charges that may result in an indeterminate sentence include: criminal sexual contact, sexual assault, sex assault on a child, indecent exposure, public indecency, internet luring of a child, possession, distribution, or manufacturing of child pornography, patronizing a child prostitute, human trafficking of a child for the purposes of sexual servitude, and statutory rape.
Overview of Sexual Assault:
Many factors influence the penalties associated with a charge of sexual assault. Sexual assault may be charged as a misdemeanor or felony.
First Degree Misdemeanor (M1)
General Description: sexual intrusion or penetration of a victim who is at least 15 but less than 17 and the perpetrator is at least 10 years older than the victim.
Potential Penalties: 6 to 24 month determinate sentence; subject to lifetime supervision; sex offender registration required.
Class Four Felony (F4)
General Description: includes acts such as intrusion or sexual penetration disguised as medical services, and/or sexual misconduct when a victim is in the custody or care of law enforcement, hospital, or similar institution.
Potential Penalties: 2 to 16 year indeterminate sentence; subject to lifetime supervision; sex offender registration required.
Class Three Felony (F3)
General Description: used for crimes in which the perpetrator impaired the victim though the use of drugs, alcohol, or threats of violence, or in instances in which the victim is kidnapped or is made physically helpless and has not consented.
Potential Penalties: 4 to 32 year indeterminate sentence; subject to lifetime supervision; sex offender registration required.
Class Two Felony (F2)
General Description: involve serious bodily injury to the victim, multiple perpetrators, and/or the use of a deadly weapon.
Potential Penalties: 8 to 48 year indeterminate sentence; subject to lifetime supervision; sex offender registration required.
Overview of Sex Assault on a Child:
Sex assault on a child is generally treated more seriously than sex assault on an adult. Sexual assault on a child is charged as either a class 4 or class 3 felony.
Class Four Felony (F4)
General Description: any sexual contact committed by an individual who is at least four years older than the alleged victim, who is less than 15.
Potential Penalties: 2 to 16 year indeterminate sentence; subject to lifetime supervision; sex offender registration required.
Class Three Felony (F3)
General Description: any sexual contact committed by an individual who is at least four years older than the alleged victim, who is less than 15, and the perpetrator used force or threatened violence or retaliation, was in a position of trust or when this act is part of a pattern of sexual abuse.
Potential Penalties: 4 to 32 year indeterminate sentence; subject to lifetime supervision; sex offender registration required.
Other offenses involving minors such as internet luring of a minor, internet sexual exploitation of a minor, and human trafficking of a minor for sexual servitude also carry severe penalties. Those penalties include indeterminate sentences to the department of corrections; lifetime supervision; and sex offender registration is required.
Contact attorney James Frazier if you or your loved one is being accused of a sex offense. Call (720) 583-5529.
Frazier Legal LLC
"The arc of the moral universe is long; but it bends towards justice." -- Dr. Martin Luther King Jr.
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