INDETERMINATE SENTENCING FOR SEXUAL OFFENSES
Unlawful sexual behavior charges are some of the most serious charges a person can be charged with in Colorado. Many of these charges are considered to be crimes of violence, and these charges can come with some of the most serious and long-lasting consequences for any criminal charge. A number of sexual offenses can come with indeterminate sentencing penalties of up to life in prison, lifetime probation or parole, and even lifetime sex offender registration requirements, among other sanctions
If you find yourself the subject of a sexual offense investigation, or if you have been charged with a sexual offense, call the firm right away at (303) 552-1720 to protect your freedoms and rights. You can also schedule a consultation appointment by clicking on the button below.
IDETERMINATE SENTENCING Under C.R.S. 18-1.3-1004
A large number of sexual offenses in Colorado are subject to indeterminate sentencing under Colorado Revised Statute . Indeterminate sentencing requires a judge to impose a starting range for the sentence, but the actual release date for the person sentenced is not determined at the time of the sentencing. What this means to the person sentenced is that they will receive a specific and mandatory minimum number of years for their sentence, but this number of years in their sentence is actually a starting point for the overall sentence. The person being sentenced will not know at the time of sentencing when they will be released from the Department of corrections, and they could spend the rest of their natural life in prison.
People who are convicted of sexual offenses and sentenced to an indeterminate sentence will have to serve a mandatory minimum sentence prescribed by the judge, and then they will only be considered for release by the parole board once they are considered to have been rehabilitated. The Rehabilitation can come in the form of classes, counseling, or treatment in many forms. The actual release date is left up to the parole board. If the parole board does not find the person convicted to have been rehabilitated, the person could end up not being released and have to spend the rest of their natural life in prison.
An example of Indeterminate Sentencing for a Class 3 Felony Sexual Assault on a child could include a starting sentence of 8 - 16 years in the Department of Corrections, and then the ending date could be as long as life in the prison. If the judge chose 12 years as the starting point, the judge would announce the sentence as 12 years to life for the sexual assault charge the person was convicted of.
Sexual offense charges included under C.R.S. 18-1.3-1004:
Sexual Assault (C.R.S. 18-3-402)
Internet Luring of a Child (C.R.S. 18-3-306)
Internet Sexual Exploitation of a Child (C.R.S. 18-3-405.4)
Enticement of a Child (C.R.S. 18-3-305)
Aggravated Incest (C.R.S. 18-6-301)
Incest (C.R.S. 18-6-302)
Patronizing a Prostituted Child (C.R.S. 18-7-406)
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)
The commission, attempt, or conspiracy or solicitation to commit any of the following charges can also include an indeterminate sentence:
The commission, criminal attempt, conspiracy, or solicitation to commit any of the following offenses
Trafficking in Children (C.R.S. 18-3-502)
Pimping of a Child (C.R.S. 18-7-405)
Inducement of Child Prostitution (C.R.S. 18-7-405.5)
Pandering of a Child (C.R.S. 18-7-403)
Procurement of a Child (C.R.S. 18-7-403.5)
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)
Keeping a Place of Child Prostitution (C.R.S. 18-7-404)
Colorado Revised Statute 18-1.3-1004
(1)
(a) Except as otherwise provided in this subsection (1) and in subsection (2) of this section, 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.
(b) If the sex offender committed a sex offense that constitutes a crime of violence, as defined in section 18-1.3-406, the district court shall sentence the sex offender to the custody of the department for an indeterminate term of at least the midpoint in the presumptive range for the level of offense committed and a maximum of the sex offender’s natural life.
(c) If the sex offender committed a sex offense that makes him or her eligible for sentencing as an habitual sex offender against children pursuant to section 18-3-412, the district court shall sentence the sex offender to the custody of the department for an indeterminate term of at least three times the upper limit of the presumptive range for the level of offense committed and a maximum of the sex offender’s natural life.
(d) If the sex offender committed a sex offense that constitutes a sexual offense, as defined in section 18-3-415.5, and the sex offender, prior to committing the offense, had notice that he or she had tested positive for the human immunodeficiency virus (HIV) and HIV infection, and the infectious agent of the HIV infection was in fact transmitted, the district court shall sentence the sex offender to the custody of the department for an indeterminate term of at least the upper limit of the presumptive range for the level of offense committed and a maximum of the sex offender’s natural life.
(e)
(I) Notwithstanding any other provision of law, the district court shall sentence a sex offender to the custody of the department for an indeterminate term as specified in subparagraph (II) of this paragraph (e) if the sex offender:
(A) Committed a class 2, class 3, or class 4 sex offense in violation of section 18-3-402, 18-3-405, or 18-3-405.3 when the act includes sexual intrusion as defined in section 18-3-401 (5) or sexual penetration as defined in section 18-3-401 (6);
(B) Committed the act against a child who was under twelve years of age at the time of the offense; and
(C) Was at least eighteen years of age and at least ten years older than the child.
(II) The district court shall sentence a sex offender to the department of corrections for an indeterminate term of incarceration of:
(A) At least ten to sixteen years for a class 4 felony to a maximum of the person’s natural life, as provided in this subsection (1), if he or she committed a crime as described in subparagraph (I) of this paragraph (e);
(B) At least eighteen to thirty-two years for a class 3 felony to a maximum of the person’s natural life, as provided in this subsection (1), if he or she committed a crime as described in subparagraph (I) of this paragraph (e); and
(C) At least twenty-four to forty-eight years for a class 2 felony, to a maximum of the person’s natural life, as provided in this subsection (1), if he or she committed a crime as described in subparagraph (I) of this paragraph (e).
(III) If the defendant is placed on parole, the parole board shall order the defendant to wear electronic monitoring for the duration of his or her period of parole.
(2)
(a) The district court having jurisdiction, based on consideration of the evaluation conducted pursuant to section 16-11.7-104, C.R.S., and the factors specified in section 18-1.3-203, may sentence a sex offender to probation for an indeterminate period of at least ten years for a class 4 felony or twenty years for a class 2 or 3 felony and a maximum of the sex offender’s natural life; except that, if the sex offender committed a sex offense that constitutes a crime of violence, as defined in section 18-1.3-406, or committed a sex offense that makes him or her eligible for sentencing as a habitual sex offender against children pursuant to section 18-3-412, or a sex offense requiring sentencing pursuant to paragraph (e) of subsection (1) of this section, the court shall sentence the sex offender to the department of corrections as provided in subsection (1) of this section. For any sex offender sentenced to probation pursuant to this subsection (2), the court shall order that the sex offender, as a condition of probation, participate in an intensive supervision probation program established pursuant to section 18-1.3-1007, until further order of the court.
(b) The court, as a condition of probation, may sentence a sex offender to a residential community corrections program pursuant to section 18-1.3-301 for a minimum period specified by the court. Following completion of the minimum period, the sex offender may be released to intensive supervision probation as provided in section 18-1.3-1008 (1.5).
(3) Each sex offender sentenced pursuant to this section shall be required as a part of the sentence to undergo treatment to the extent appropriate pursuant to section 16-11.7-105, C.R.S.
(5)
(a) Any sex offender sentenced pursuant to subsection (1) of this section and convicted of one or more additional crimes arising out of the same incident as the sex offense shall be sentenced for the sex offense and such other crimes so that the sentences are served consecutively rather than concurrently.
(b)
(I) Except as otherwise provided in subparagraph (II) of this paragraph (b), if a sex offender sentenced pursuant to this part 10 is convicted of a subsequent crime prior to being discharged from parole pursuant to section 18-1.3-1006 or discharged from probation pursuant to section 18-1.3-1008, any sentence imposed for the second crime shall not supersede the sex offender’s sentence pursuant to the provisions of this part 10. If the sex offender commits the subsequent crime while he or she is on parole or probation and the sex offender receives a sentence to the department of corrections for the subsequent crime, the sex offender’s parole or probation shall be deemed revoked pursuant to section 18-1.3-1010, and the sex offender shall continue to be subject to the provisions of this part 10.
(II) The provisions of subparagraph (I) of this paragraph (b) shall not apply if the sex offender commits a subsequent crime that is a class 1 felony.