“Sex Offender Sentencing” in Colorado – How It Works

In Colorado, most felonies have a penalty range with a minimum and maximum number of years in prison. With certain sex offenses, however, the court imposes “indeterminate sentencing,” which means your maximum sentence is life in prison. Indeterminate sentencing became law with the passage of the Colorado Sex Offender Lifetime Supervision Act of 1998. Its purpose is to keep you in custody for as long as the state believes you remain a threat. Then, even if you respond to treatment and get released on parole or probation, you could still be subject to lifetime supervision. In this article, our Denver Colorado criminal defense lawyers discuss the following topics:

• 1. What is a sex offender?
• 2. Sex Offender Crimes
• 3. Indeterminate Sentencing
• 4. Parole
• 5. Probation
• 6. Intensive Supervision
• 7. Sex Offender Registration
• Additional Resources

1. What is a sex offender?

A “sex offender” is a Colorado defendant convicted of a sex offense. It does not matter whether the conviction is by entering a plea of guilty (or no contest) or by being found guilty at trial.¹

2. Sex Offender Crimes

You will be considered a sex offender in Colorado if you are convicted of any of the following crimes:

• Sexual assault (CRS 18-3-402),
• Sexual assault in the first degree (CRS 18-3-402 as it existed prior to July 1, 2000),
• Sexual assault in the second degree (CRS 18-3-403 as it existed prior to July 1, 2000),
• Felony unlawful sexual contact (CRS 18-3-404(2)),
• Felony sexual assault in the third degree (CRS 18-3-404(2) as it existed prior to July 1, 2000),
• Sexual assault on a child (CRS 18-3-405),
• Sexual assault on a child by one in a position of trust (CRS 18-3-405.3),
• Aggravated sexual assault on a client by a psychotherapist (CRS 18-3-405.5(1)),
• Enticement of a child (CRS 18-3-305),
• Incest (CRS 18-6-301),
• Aggravated incest (CRS 18-6-302),
• Patronizing a prostituted child (CRS 18-7-406),
• Class 4 felony internet luring of a child (CRS 18-3-306(3)),
• Internet sexual exploitation of a child (CRS 18-3-405.4),
• Class 3 felony unlawful sexual conduct by a peace officer (CRS 18-3-405.7), or
• Any criminal attempt, conspiracy, or solicitation to commit the above if doing so would constitute a class 2, 3, or 4 felony.²

3. Indeterminate Sentencing

If you are convicted of a sex offense in Colorado, you face a maximum term of life in prison called “indeterminate sentencing.” Your minimum term depends on the “presumptive range” of the class of crime you were convicted of. The following table shows the minimum prison sentences for Colorado sex crimes where the maximum term is life in prison.

Colorado Sex Offense	Minimum Sentence (in general)
Most felonies	The presumptive minimum range for the particular felony: 2 years for a class 4 felony 4 years for a class 3 felony 8 years for a class 2 felony Probation may be possible.
Crimes of violence	The midpoint in the presumptive range for the particular felony: 5 years for a class 4 felony 10 years for a class 3 felony 16 years for a class 2 felony Probation is not possible.
Crimes that trigger “habitual sex offender against children” status	At least three times the upper limit of the presumptive range for the particular felony: 18 years for a class 4 felony 36 years for a class 3 felony 72 years for a class 2 felony Probation is not possible.
Sexual penetration when you knew you had HIV, and HIV was transmitted	At least the upper limit of the presumptive range for the particular felony: 6 years for a class 4 felony 12 years for a class 3 felony 24 years for a class 2 felony Probation is not possible.
Rape of a child under 12 years old, and you were at least 18 years old and at least 10 years older than the child	10 to 16 years for a class 4 felony 18 to 32 years for a class 3 felony 24 to 48 years for a class 2 felony Probation is not possible.

In addition to incarceration, you will likely have to undergo treatment based on evaluations and recommendations by the:

• Department of Corrections (DOC),
• Judicial Department,
• Department of Human Services, and
• Division of Criminal Justice.

Note that if you are convicted of more than one crime arising out of the same incident, you must serve the sentences consecutively (one after the other).³

4. Parole

Once you complete your minimum required incarceration for a Colorado sex offense, you will be considered for parole release. The parole board will decide whether you have made sufficient progress in treatment and do not pose a community threat. If you are released, the length of your parole depends on the class of your sex offense, as this table shows:

Colorado Sex Offense	Parole Length
Class 4 felony	10 years to life
Class 3 felony	20 years to life
Class 2 felony	20 years to life

The primary condition of parole is participating in an intensive supervision parole program for sex offenders, discussed below in section 6.

5. Probation

For some Colorado sex offenses, you may be granted probation instead of prison depending on your psychiatric evaluation, the pre-sentence report the probation department prepares for the judge, and other considerations. The length of probation depends on the class of crime you were convicted of, as the following table shows:

Colorado Sex Offense	Probation Length
Class 4 felony	10 years to life
Class 3 felony	20 years to life
Class 2 felony	20 years to life

One of the terms of your probation will be to participate in an intensive supervision program, discussed in the next section. In some cases, you first will be sentenced to a residential community corrections program, after which you would be placed in intensive supervision.

6. Intensive Supervision

Intensive supervision is required if you are released on parole or probation for a sex offense in Colorado. Typical terms include:

Intensive supervision may be required if you are released on parole for any of the crimes listed below. If you are on probation for any of the below-listed crimes, intensive supervision is required.

• Indecent exposure (CRS 18-7-302),
• Criminal attempt, conspiracy, or solicitation of any of the sex offenses listed above in section 2 if doing so constitutes a class 5 felony,
• Human trafficking of a minor for sexual servitude (CRS 18-3-504(2)),
• Sexual exploitation of children (CRS 18-6-403),
• Procurement of a child for sexual exploitation (CRS 18-6-404),
• Soliciting for child prostitution (CRS 18-7-402),
• Pandering of a child (CRS 18-7-403),
• Procurement of a child (CRS 18-7-403.5),
• Keeping a place of child prostitution (CRS 18-7-404),
• Pimping of a child (CRS 18-7-405),
• Inducement of child prostitution (CRS 18-7-405.5), or
• failure to register as a sex offender (CRS 18-3-412.5).