Many sexual crimes in our state are subject to indeterminate sentencing under Colorado Revised Statutes 18-1.3-1004. Sometimes this means indeterminate parole or probation, but usually it means indeterminate prison for sex convictions in Jefferson, Douglas and Arapahoe County. Life in prison is sometimes mandatory, but is always a possibility upon conviction of any of the following crimes:
- Sexual Assault – C.R.S. 18-3-402
- Internet Luring of a Child – Class 4 Felony – C.R.S. 18-3-306
- Internet Sexual Exploitation of a Child – C.R.S. 18-3-405.4
- 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
- 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
Attempt, Conspiracy and Solicitation
The definition of “Sex Offense” includes criminal attempt, conspiracy, or solicitation to commit all of the sex crimes listed above. Under a variety of circumstances in Aurora, Lone Tree and Castle Rock, this attempt, conspiracy or solicitation to commit one of these offenses is classified as a class 4, 3, or 2 felony.
HIV Infected | Sex Crimes Involving Kids
Classifications which may explain which sexual crimes require indeterminate sentencing include those crimes against children and crimes of violence. Additionally, if the sex offender committed a sex crime knowing they were infected with HIV, they will be facing an indeterminate sentence.
Felony and Misdemeanor Sexual Offenses Differentiated
It is critical for your future to involve an experienced criminal defense lawyer early in your case. Only sex offenses classified as a felony are included under the indeterminate sentencing framework. A few of these crimes can also be classified as a misdemeanor, where only a jail sentence is possible. The classification for a sexual offense is determined by many different factors, including the victim's age, the actor's age, threats causing submission, whether there is a pattern of abuse, whether the relationship between the defendant and “victim” is a position of trust or not, and others. Since the judge's decision on life in prison may be required by many small discrepancies, you should have an experienced sex crimes criminal defense lawyer at your side to protect you.
The Rationale Behind Indeterminate Sentencing
Sex offenders can get lost in the shuffle and forgotten
Indeterminate sentencing is designed to restrict the discretion a judge has in sentencing sex offenders. The idea is that an offender's true risk will not be discovered until after he or she has completed a certain percentage of treatment in prison (D.O.C.). At this time, the decision of when to release the offender is made. While we can see some rationale behind this thinking, there are many improper motives which arise and require a defendant to sit in prison longer than necessary. For example, today, offenders sit and wait for years for unavailable sex offender treatment to be offered them. They can't be released until the treatment is made available and they pass defined benchmarks. Political considerations drive which offenders are offered treatment and how many treatment professionals to hire. Sex offenders can be lost in the Colorado Department of Corrections (DOC) administrative shuffle and forgotten. This means millions of dollars are wasted in the confinement of a large prison population. Community safety is not benefitted by this delay. Our law firm cares about sex offenders and realizes that offenders can change their thinking and break bad habits with proper treatment and supervision. A sex crime conviction in someone's past does not mean they can't be cured or safely managed in our community.
Indeterminate sentencing is designed to restrict the discretion of a judge in sentencing. It is believed an offender's true risk will be discovered after they have completed treatment.
Other Sex Offenses Which Can Have Indeterminate Sentences
Sexual based crimes have serious implications for your freedom when the possibility of an indeterminate sentence exists. If a defendant is classified as an Habitual Sex Offender and commits one of the following crimes, the can face indeterminate sentencing under C.R.S. 18-3-412:
- 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
You Need an Experienced Criminal Defense Attorney
Contact one of our experienced criminal defense attorneys once you learn allegations of sexual misconduct may be reported to police. If convicted, you might be required to spend the rest of your life in prison. This is not a time to cut corners or trust police officers. Never gamble with your future. Denver and Adams County District Attorneys act without mercy when a sex crime allegation has been made. You need a friend to fight for you and your future.