Facing sex crime allegations is a difficult situation, but it’s a whole different ball game when a child is involved. There’s nothing as stigmatized in our society as sex offenses against children.
If you or a loved one is facing sex crime charges, you need to contact a Denver child sexual assault defense attorney immediately. The sooner the attorneys at WeedenLaw can begin working on your case, the more time we have to craft a defense strategy and collect evidence. In situations like this, time is of the essence. Call us today at (720) 307-4330 to schedule a free case evaluation.
What is Considered Sexual Assault on a Child in Colorado?
Colorado law regarding sexual assault on a child can be misleading and confusing. Unlike Colorado sexual assault law, sexual assault on a child does not involve penetration or intrusion. In reality, this law is more so the underage version of Colorado’s unlawful sexual contact statute. The main component of the crime is the age of the alleged offender and victim. The victim must be less than 15 years old and the alleged offender must be more than four years older.
CRS § 18-3-405
Sexual assault on a child does not have to involve intercourse, injuries, or force to be a crime, according to Colorado Revised Statute § 18-3-405. Sexual contact is the only necessary component (besides age) for this crime. According to CRS § 18-3-401, sexual contact is knowingly touching “intimate parts” of the victim or making the victim touch the offender’s intimate parts. “Intimate parts” includes breasts, pubic hair, buttocks, anus, or external genitalia. Nudity is not required for this crime. Touching through clothing is enough to warrant charges if the purpose of the touching is for sexual abuse, gratification, or arousal.
What are the Penalties for Sexual Assault on a Child?
The penalties for sexual assault on a child depend on the age of the alleged victim and other circumstances surrounding the situation. Penalties for this crime range from two years to life in prison. With stakes this high, it’s important to obtain a defense attorney you can trust.
Sexual assault on a child can be charged as a Class 4 or Class 3 felony. Aggravating factors and prior convictions can increase the charges as well.
A first offense with no aggravating circumstances is charged as a Class 4 felony. A Class 4 felony is subject to 2 to 6 years in prison and a fine of up to $500,000.
Offenses that involve force, kidnapping, or a pattern of abuse are charged as a Class 3 felony offense. This conviction can result in 4-12 years in prison and a fine of up to $750,000.
Offenses that involve serious bodily injury or the use of a deadly weapon are punished extensively. This crime can result in a prison sentence of 8 years to life and a fine of up to $1,000,000.
Additional Penalties
Jail time and fines aren’t the only penalties for this crime. Those convicted of sexually motivated crimes often have to join the state’s sex offender registration. Sex offenders have all of their personal information posted online for anyone to see–including home addresses, work addresses, tattoos, photographs, and even fingerprints. As a result, being on this registry can limit where you can live and work.
Sexual assault on a child is considered a sexually violent crime, which means offenders are subject to even more rules and regulations. Sexually violent predators (SVPs) have to register their information with their local police department every three months for the rest of their lives.
Similar Child Sex Crimes
Sexual assault on a child isn’t the only Colorado law concerning sexual activity and children. It’s simply one of many that make up Colorado child molestation laws. Depending on the specific facts of your case, you can be charged with multiple sex crimes at once. Understanding the differences between these offenses can help you understand the enormity of what you’re up against. Below, our Denver sex crime defense attorneys have outlined similar offenses.
Sexual Assault on a Child By One in a Position of Trust
Under Colorado child molestation laws, someone in a position of trust is held to a higher standard than strangers. Positions of trust include parents, caregivers, teachers, pastors, and other people in charge of the welfare of a child. People who violate the position of trust can face up to 12 years in prison and a fine of up to $750,000.
Enticement of a Child
Enticement of a child involves a person persuading a child under 15 years of age to enter any secluded place with the intent to commit sexual assault. This crime is subject to at least two years in prison, with escalating penalties depending on previous convictions.
Internet Luring of a Child
Internet luring of a child involves using the internet or text messages to lure a child to meet with the intent of explicit sexual conduct. The actor must be more than four years older than the child and they must believe the child to be under 15 years old. This crime can be charged as either a Class 5 or a Class 4 felony.
Internet Sexual Exploitation of a Child
Internet sexual exploitation of a child involves using the internet to invite or entice the child to expose their intimate parts. This charge can also be pursued if the offender entices the child to observe the offender’s own intimate parts. This is a Class 4 felony.
How Can a Colorado Criminal Defense Lawyer Help
After an arrest, you may feel alone, scared, and overwhelmed, and the arresting law enforcement officers will likely not answer the many questions you have regarding your arrest. The rule is innocent until proven guilty, but people are often treated differently as soon as an allegation is made. Sex crime charges are especially stigmatized in our society, even more so when the alleged victim is a child.
Working with an experienced Denver criminal defense lawyer can protect your freedom and your future. At WeedenLaw, our team will work around the clock to craft the best possible defense strategy for your case. We gather the evidence needed and make sure that you get a fair trial. Having an experienced attorney by your side can ensure that you won’t be rail-roaded by law enforcement officers ready to get a conviction through any means possible. Jeff Weeden understands the Colorado criminal justice system, and he’s ready to guide you through it.
Denver Criminal Defense Lawyer for Sexual Assault on a Child Charges
Any allegations can have a devastating effect on your life and reputation. A sex crime conviction is heavily stigmatized in our society, and the consequences last long after a prison sentence is over. Jeff Weeden has the knowledge and experience necessary to defend against child sexual assault cases and related crimes.
At WeedenLaw, Colorado criminal defense attorney Jeff Weeden will fight aggressively for you when you find yourself in such a devastating situation. When you choose Weeden, you’re choosing to work with an experienced and tenacious attorney who will put you and your legal rights first. Call us today at (720) 307-4330 to schedule a free case review and get started on building your case.
