Sex Crimes, Sex Trafficking, & More

Sex crimes at a glance

• Sex crimes are any coercive or unlawful sexual acts a person commits against another unwilling person.
• Colorado law treats any number of offenses as potential sex offenses depending on the facts and circumstances.
• Felony convictions for sex crimes can result in:
  • Prison terms from 1 year up to life including an indeterminate sentence, meaning no fixed release date.
  • Mandatory sex offender registration for life.
  • Lifetime probation or supervision.
  • Large fines (up to $1 million for some offenses).

Understanding Colorado sex crime laws

Sex crimes are any unlawful, forceful, or coercive sexual acts committed against another person against their will. Colorado law designates a wide range of offenses as sex crimes, including sexual assault, sex trafficking, sexual harassment, incest, and many others.

These cover three general categories:

• Sexual assault, which are all offenses of sexual intrusion or penetration such as forced intercourse and penetration.
• Sexual assault on a minor age 15 or younger including all forms of sexual misconduct. 
• Crimes of sexual contact such as fondling genitals and unwanted sexual touching.

If you or someone you know is facing a sex crime accusation, understanding the law is essential. Colorado has some of the strictest sex crimes laws in the country, and prosecutors address them aggressively as threats to public safety and decency.

Even being accused of a sex crime can have lasting effects on a person’s reputation, career, and relationships. The Colorado Sex Offender Lifetime Supervision Act of 1998 requires lifetime supervision for most felony sex offenses.

Sex offender registry

Aside from strict punishments for these offenses, many sex crimes require mandatory placement of the convicted person on Colorado’s Sex Offender Registry. Sex offenders can lose certain civil rights, making normal life and employment very difficult.

The state does not allow for sex offender records to be sealed or erased. The length of registration is determined by the particular sex offense. A sex offender registration may prevent an offender from obtaining a job or housing.

Sex offenders also are required to meet with the police at least once a year on their birthday to re-register. In Colorado, less than 5% of convicted sex offenders sentenced to prison are granted parole. Deciding when an imprisoned sex offender is eligible for release is up to the state Department of Corrections.

Removal from the sex offender registry

Removal from the Sex Offender Registry is possible but requires a skilled attorney with experience in this area.

• First, you must determine whether you are statutorily eligible to petition for removal.
• Next, you must show that you have registered for the statutorily required period of time.
• Then, you must demonstrate to the court that you do not present a likelihood of reoffending.

Removal from the sex offender registry allows offenders to regain a sense of privacy.

Misdemeanor sex crimes vs. felony sex crimes

Sexual crimes are either misdemeanors or felonies, depending on the severity of the conduct and the harm caused to the victim. The distinction affects how the offense is charged, prosecuted, and punished.

Misdemeanor sex crimes & sentences

These are not as serious as felonies but still carry life-long consequences if convicted.  These offenses include unlawful sexual contact, indecent exposure, or any other misdemeanor where the underlying factual basis is of a sexual nature. 

• County court jail terms from 6 months to 1 years.
• Fines up to several thousand dollars.
• Probation, mandatory counseling, and sex offender registration.

Felony sex crimes & sentences

Felony convictions carry prison sentences, higher fines, and mandatory registration as a sex offender. Depending on the offense, sentencing can be determinate or indeterminate.

• Determinate sentencing applies when the court imposes a fixed prison term within the presumptive sentencing range. Once that time is served, the individual may be eligible for parole or release, depending on the circumstances.
• Indeterminate sentencing may apply to certain felony sex crimes. This means the court imposes a minimum sentence (for example, 4 years) but no set maximum – the maximum term is natural life. Release from prison is determined by the Colorado Parole Board after the offender has served the minimum term.

Indeterminate sentencing may apply to:

• Sexual assault (except misdemeanor sexual assault) – §18-3-402.
• Sexual assault on a child – §18-3-405.
• Aggravated incest – §18-6-302.

Lifetime supervision sentencing

Under Colorado law, the district court must impose lifetime supervision for certain felony sex offenses. These sentences carry a minimum term within the presumptive range up to life in prison, or, in some cases, probation ranging from 10 years to life (for Class 4 felonies) or 20 years to life (for Class 2 or 3 felonies).

Crimes subject to lifetime supervision include:

• Sexual assault – §18-3-402.
• Felony unlawful sexual contact – §18-3-404(2).
• Sexual assault on a child – §18-3-405.
• Sexual assault on a child by one in a position of trust – §18-3-405.3.
• Aggravated sexual assault on a client by a psychotherapist – §18-3-405.5.
• Enticement of a child – §18-3-305.
• Incest – §18-6-301.
• Aggravated incest – §18-6-302.
• Patronizing a prostituted child – §18-7-406.
• Internet luring of a child (F4) – §18-3-306(3).
• Internet sexual exploitation of a child – §18-3-405.4.
• Unlawful sexual conduct by a peace officer (F3) – §18-3-405.7.

Sexual assault & rape

An offender commits sexual assault by knowingly inflicting non-consensual sexual penetration or sexual intrusion on a victim. Non-consensual means the victim could not consent due to unconsciousness, intoxication, cognitive impairment, force or threats, or being too young to consent. There are many variables for a sex crime to be a sexual assault.

Interestingly, there is no sex crime in Colorado called rape. The law does not distinguish between sexual assault and rape, and rape is considered sexual assault. Rape is non-consensual sexual conduct and is a sexual assault that is enhanced by other factors, such as kidnapping.

Sexual exploitation and sex trafficking

Sexual exploitation

In Colorado sexual exploitation is any involvement with child pornography, including possession, creation, distribution, or inducing a child’s involvement in it. The pornographic material must depict someone younger than age 18.

Merely possessing sexually exploitative material perpetuates harm, and each viewing of such material continues the victimization of a child or children. Possession itself is criminalized as sexual exploitation. Sexual exploitation can also involve at-risk adults, such as those with disabilities and adults older than age 70.

Sex trafficking, or human trafficking for sexual servitude

The crime of sex trafficking, known legally in Colorado as human trafficking for sexual servitude, occurs when a person knowingly takes part in actions such as selling, recruiting, transporting, harboring, enticing, or otherwise obtaining another individual with the intent of forcing that person into commercial sexual activity. This is a Class 3 felony under Colorado law.

When the crime involves a minor, it is considered human trafficking of a minor for sexual servitude, a Class 2 felony. Similar to the above, it is someone knowingly making a child available for commercial sexual purposes. Sex trafficking of a minor also applies to those who intentionally advertise, offer, or sell travel services that enable such sexual servitude.

Sex crimes of indecent exposure & public indecency

There is a difference in Colorado law between indecent exposure and public indecency. Both can carry fines and jail time and some cases can require sex offender registration.

Indecent exposure involves genital exposure or masturbation with sexual intent. It’s more serious than the crime of public indecency. It generally results in a misdemeanor conviction, but it can become a felony with repeat offenses or if a minor is involved.

Public indecency involves broader sexual misconduct in public areas, such as lewd touching or exposure. Public indecency is usually a petty offense, unless it is repeated or is of an aggravated nature. Then it becomes a misdemeanor.

Related reading: Indecent exposure and public indecency

Incest

Incest in Colorado law is to marry or have any kind of sexual relationship with close family members. This includes parents, children (including adopted children, or stepchildren age 21 or older), siblings and half-siblings, and close relatives such as uncles, aunts, nieces, or nephews.

Such incest is a Class 4 felony. It carries significant prison time and other penalties.

Other related sex crimes

Please consult our web pages on these additional common sex crime topics.

Child molestation & enticement

Child prostitution

Child pornography

Internet luring