Colo. Rev. Stat. § 16-11.7-102

Current through Chapter 519 of the 2024 Legislative Session and Chapter 2 of the 2024 First Extraordinary Session

Section 16-11.7-102 - Definitions

As used in this article 11.7, unless the context otherwise requires:

(1) "Adult sex offender" means a person who has been convicted, as described in subsection (2)(a)(I), (2)(a)(II), or (2)(a)(IV) of this section, of a sex offense, but does not include a person who meets the definition of a "juvenile who has committed a sexual offense", as defined in subsection (1.5) of this section, unless the person has also been convicted of a sex offense committed on or after the day the person attained eighteen years of age or who is sentenced for a sex offense on or after the day the person attained twenty-one years of age.

(2)(a)(II), or (2)(a)(IV) of this section, of a sex offense, but does not include a person who meets the definition of a "juvenile who has committed a sexual offense", as defined in subsection (1.5) of this section, unless the person has also been convicted of a sex offense committed on or after the day the person attained eighteen years of age or who is sentenced for a sex offense on or after the person attained twenty-one years of age.

(1.3) "Board" means the sex offender management board created in section 16-11.7-103.

(1.5) "Juvenile who has committed a sexual offense" means a juvenile who was less than eighteen years of age at the time of the sex offense and who has been adjudicated as a juvenile or who receives a deferred adjudication or who is sentenced prior to attaining twenty-one years of age after being criminally convicted in the district court pursuant to section 19-2-517 or 19-2-518 on or after July 1, 2002, or section 19-2.5-801 or 19-2.5-802 on or after October 1, 2021, for an offense that would constitute a sex offense, as defined in subsection (3) of this section, if committed as an adult, or a juvenile who has committed any offense, the underlying factual basis of which involves a sex offense.

(2)

(a) "Sex offender" means any person who is:

(I) Convicted in the state of Colorado on or after January 1, 1994, of any sex offense as defined in subsection (3) of this section;

(II) Convicted in the state of Colorado on or after July 1, 2000, of any criminal offense, the underlying factual basis of which involves a sex offense;

(III) A juvenile who has committed a sexual offense; or

(IV) A person who:

(A) Was evaluated because of a discretionary request by a prosecuting attorney or court pursuant to section 16-11-102; and

(B) A court determines should undergo sex offender treatment based upon the recommendations of the evaluation and identification pursuant to section 16-11.7-104; and

(C) Is convicted in the state of Colorado on or after January 1, 1994, of any criminal offense and, if the person has previously been convicted of a sex offense as defined in subsection (3) of this section, in the state of Colorado; or if the person has previously been convicted in any other jurisdiction of any offense that would constitute a sex offense as defined in subsection (3) of this section; or if the person has a history of any sex offenses as defined in subsection (3) of this section.

(b) For purposes of this subsection (2), any person who receives a deferred judgment or deferred sentence for the offenses specified in this subsection (2) is deemed convicted.

(3) "Sex offense" means any felony or misdemeanor offense described in this subsection (3) as follows:

(a)

(I) Sexual assault, in violation of section 18-3-402, C.R.S.; or

(II) Sexual assault in the first degree, in violation of section 18-3-402, C.R.S., as it existed prior to July 1, 2000;

(b) Sexual assault in the second degree, in violation of section 18-3-403, C.R.S., as it existed prior to July 1, 2000;

(c)

(I) Unlawful sexual contact, in violation of section 18-3-404, C.R.S.; or

(II) Sexual assault in the third degree, in violation of section 18-3-404, C.R.S., as it existed prior to July 1, 2000;

(d) Sexual assault on a child, in violation of section 18-3-405, C.R.S.;

(e) Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.;

(f) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.;

(g) Enticement of a child, in violation of section 18-3-305, C.R.S.;

(h) Incest, in violation of section 18-6-301, C.R.S.;

(i) Aggravated incest, in violation of section 18-6-302, C.R.S.;

(j) Human trafficking of a minor for sexual servitude, as described in section 18-3-504 (2), C.R.S.;

(k) Sexual exploitation of children, in violation of section 18-6-403, C.R.S.;

(l) Procurement of a child for sexual exploitation, in violation of section 18-6-404, C.R.S.;

(m) Indecent exposure, in violation of section 18-7-302, C.R.S.;

(n) Soliciting for child prostitution, in violation of section 18-7-402, C.R.S.;

(o) Pandering of a child, in violation of section 18-7-403, C.R.S.;

(p) Procurement of a child, in violation of section 18-7-403.5, C.R.S.;

(q) Keeping a place of child prostitution, in violation of section 18-7-404, C.R.S.;

(r) Pimping of a child, in violation of section 18-7-405, C.R.S.;

(s) Inducement of child prostitution, in violation of section 18-7-405.5, C.R.S.;

(t) Patronizing a prostituted child, in violation of section 18-7-406, C.R.S.;

(u) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this subsection (3);

(v) Class 4 felony internet luring of a child, in violation of section 18-3-306 (3), C.R.S.;

(w) Internet sexual exploitation of a child in violation of section 18-3-405.4, C.R.S.;

(x) Public indecency, committed in violation of section 18-7-301 (2)(b), if a second offense is committed within five years of the previous offense or a third or subsequent offense is committed;

(y) Invasion of privacy for sexual gratification, as described in section 18-3-405.6;

(z) Unlawful electronic sexual communication, in violation of section 18-3-418; or

(aa) Unlawful sexual conduct by a peace officer, in violation of section 18-3-405.7.

(4) "Treatment" means therapy, monitoring, and supervision of any sex offender which conforms to the standards created by the board pursuant to section 16-11.7-103.

C.R.S. § 16-11.7-102

Amended by 2024 Ch. 490,§ 23, eff. 8/7/2024.

Amended by 2023 Ch. 349,§ 2, eff. 6/5/2023.

Amended by 2019 Ch. 287, § 2, eff. 7/1/2019.

Amended by 2019 Ch. 145, § 2, eff. 7/1/2019.

Amended by 2014 Ch. 282, § 11, eff. 7/1/2014.

L. 92: Entire article added, p. 455, § 3, effective June 2. L. 95: (4) amended, p. 465, § 10, effective July 1. L. 97: (2) amended, p. 1554, § 8, effective July 1. L. 98: (1) amended, p. 402, § 11, effective April 21. L. 2000: (2) amended, p. 920, § 9, effective July 1; (3)(a), (3)(b), and (3)(c) amended, p. 702, § 23, effective July 1. L. 2006: (3)(t) amended and (3)(v) and (3)(w) added, p. 2054, § 1, effective July 1. L. 2010: (3)(j) amended, (SB 10 -140), ch. 156, p. 537, § 5, effective April 21; (3)(v) and (3)(w) amended and (3)(y) added, (SB 10 -128), ch. 415, p. 2048, § 9, effective July 1; (3)(v) and (3)(w) amended and (3)(x) added, (HB 10 -1334), ch. 359, p. 1709, § 4, effective August 11. L. 2011: (1) and (2)(a)(IV) amended and (1.3) and (1.5) added, (HB 11- 1138), ch. 236, p. 1015, § 2, effective May 27. L. 2014: (3)(j) amended, (HB 14-1273), ch. 282, p. 1153, § 11, effective July 1.

(1) Section 2 of chapter 145 (HB 19-1030), Session Laws of Colorado 2019, provides that the act changing this section applies to offenses committed on or after July 1, 2019.

(2) Section 2 of chapter 287 (HB 19-1250), Session Laws of Colorado 2019, provides that the act changing this section applies to offenses committed on or after July 1, 2019.

2024 Ch. 490, was passed without a safety clause. See Colo. Const. art. V, § 1(3).