A Bill for an Act
Page 1, Line 101Concerning criminal sentencing for persons who commit
Page 1, Line 102certain types of sexual assault on a child, and, in
Page 1, Line 103connection therewith, requiring a mandatory minimum
Page 1, Line 104period of incarceration for a class 4 and a class 3
Page 1, Line 105felony.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Under current law, sexual assault on a child is a class 4 felony if the victim is under 15 years of age, the actor is at least 4 years older than the victim, and specified aggravating circumstances do not apply. Sexual assault on a child by one in a position of trust is a class 4 felony if the actor is in a position of trust with respect to the victim, the victim is 15 years of age or older but under 18 years of age, and the offense is not committed as part of a pattern of sexual abuse. If the offense is committed as part of a pattern of sexual abuse or the victim is less than 15 years of age, sexual assault on a child by one in a position of trust is a class 3 felony.
The presumptive range of penalties for a class 4 felony under current law is 2 to 6 years of imprisonment. The presumptive range of penalties for a class 3 felony under current law is 4 to 12 years of imprisonment. Under current law, a court shall sentence a sex offender to an indeterminate term in the custody of the department of corrections that can range from the applicable presumptive range minimum to a maximum of the sex offender's natural life. However, current law permits the court to sentence a sex offender to probation for an indeterminate period that can range from 10 years for a class 4 felony and 20 years for a class 3 felony to a maximum of the sex offender's natural life.
The bill requires a court to sentence an offender convicted of a class 4 felony sexual assault on a child or sexual assault on a child by one in a position of trust to an indeterminate term of incarceration that can range from the presumptive range minimum of 2 years to a maximum of the offender's natural life. The bill requires a court to sentence an offender convicted of a class 3 felony sexual assault on a child by one in a position of trust when the child is less than 15 years of age to an indeterminate term of incarceration that can range from the presumptive range minimum of 4 years to a maximum of the offender's natural life. The bill prohibits a court from sentencing these types of offenders to probation.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 18-3-405, add (3.5)
Page 2, Line 3as follows:
Page 2, Line 418-3-405. Sexual assault on a child. (3.5) If a person is
Page 2, Line 5convicted of a class 4 felony of sexual assault on a child
Page 2, Line 6pursuant to subsection (1) of this section, the court shall
Page 2, Line 7sentence the person to the department of corrections for an
Page 2, Line 8indeterminate term of incarceration of at least the minimum of
Page 3, Line 1the presumptive range for a class 4 felony, as set forth in
Page 3, Line 2section 18-1.3-401, and up to a maximum of the person's natural
Page 3, Line 3life, as set forth in section 18-1.3-1004 (1)(a).
Page 3, Line 4SECTION 2. In Colorado Revised Statutes, 18-3-405.3, add (4.5)
Page 3, Line 5as follows:
Page 3, Line 618-3-405.3. Sexual assault on a child by one in a position of
Page 3, Line 7trust. (4.5) (a) If a person is convicted of a class 4 felony of
Page 3, Line 8sexual assault on a child by one in a position of trust pursuant
Page 3, Line 9to subsections (1) and (3) of this section, the court shall
Page 3, Line 10sentence the person to the department of corrections for an
Page 3, Line 11indeterminate term of incarceration of at least the minimum of
Page 3, Line 12the presumptive range for a class 4 felony, as set forth in
Page 3, Line 13section 18-1.3-401, and up to a maximum of the person's natural
Page 3, Line 14life, as set forth in section 18-1.3-1004 (1)(a).
Page 3, Line 15(b) If a person is convicted of a class 3 felony of sexual
Page 3, Line 16assault on a child by one in a position of trust pursuant to
Page 3, Line 17subsection (2)(a) of this section, the court shall sentence the
Page 3, Line 18person to the department of corrections for an indeterminate
Page 3, Line 19term of incarceration of at least the minimum of the presumptive
Page 3, Line 20range for a class 3 felony, as set forth in section 18-1.3-401, and
Page 3, Line 21up to a maximum of the person's natural life, as set forth in
Page 3, Line 22section 18-1.3-1004 (1)(a).
Page 3, Line 23SECTION 3. In Colorado Revised Statutes, 18-1.3-1004, amend
Page 3, Line 24(2)(a) as follows:
Page 3, Line 2518-1.3-1004. Indeterminate sentence. (2) (a) The district court
Page 3, Line 26having jurisdiction, based on consideration of the evaluation conducted
Page 3, Line 27pursuant to section 16-11.7-104,
C.R.S.,Page 4, Line 1section 18-1.3-203, may sentence a sex offender to probation for an
Page 4, Line 2indeterminate period of at least ten years for a class 4 felony or twenty
Page 4, Line 3years for a class 2 or 3 felony and a maximum of the sex offender's
Page 4, Line 4natural life; except that, if the sex offender committed a sex offense that
Page 4, Line 5constitutes a crime of violence, as defined in section 18-1.3-406, or
Page 4, Line 6committed a sex offense that makes
him or herPage 4, Line 7eligible for sentencing as a habitual sex offender against children
Page 4, Line 8pursuant to section 18-3-412, or committed a sex offense requiring
Page 4, Line 9sentencing pursuant to
paragraph (e) of subsection (1)Page 4, Line 10of this section, or committed sexual assault on a child that is a
Page 4, Line 11class 4 felony pursuant to section 18-3-405, or committed sexual
Page 4, Line 12assault on a child by one in a position of trust that is a class 4
Page 4, Line 13felony pursuant to section 18-3-405.3, or committed a sexual
Page 4, Line 14assault on a child by one in a position of trust that is a class 3
Page 4, Line 15felony pursuant to section 18-3-405.3 (2)(a), the court shall sentence
Page 4, Line 16the sex offender to the department of corrections as provided in
Page 4, Line 17subsection (1) of this section. For any sex offender sentenced to probation
Page 4, Line 18pursuant to this subsection (2), the court shall order that the sex offender,
Page 4, Line 19as a condition of probation, participate in an intensive supervision
Page 4, Line 20probation program established pursuant to section 18-1.3-1007, until
Page 4, Line 21further order of the court.
Page 4, Line 22SECTION 4. Applicability. This act applies to offenses
Page 4, Line 23committed on or after the effective date of this act.
Page 4, Line 24SECTION 5. Act subject to petition - effective date. This act
Page 4, Line 25takes effect at 12:01 a.m. on the day following the expiration of the
Page 4, Line 26ninety-day period after final adjournment of the general assembly; except
Page 4, Line 27that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 5, Line 1of the state constitution against this act or an item, section, or part of this
Page 5, Line 2act within such period, then the act, item, section, or part will not take
Page 5, Line 3effect unless approved by the people at the general election to be held in
Page 5, Line 4November 2026 and, in such case, will take effect on the date of the
Page 5, Line 5official declaration of the vote thereon by the governor.