Colorado Sex Offenses and Why They Are Different

Colorado treats sex offenses with exceptional severity, viewing them as direct threats to public decency and safety. The state’s sex-offender statutes rank among the nation’s toughest, imposing lengthy jail or prison terms, substantial fines, and mandatory placement on Colorado’s Sex Offender Registry. Beyond the courtroom, a conviction may strip individuals of certain civil rights, making it extremely difficult to secure employment, housing, or other social opportunities. Because Colorado law provides no avenue to seal or expunge sex-crime records, these consequences may shadow an offender for life.

What is Colorado Sex Crime?

Sex crimes in Colorado constitute all unlawful, forceful, or coerced sexual conduct against another individual. The Colorado Revised Statutes generally categorizes sex crimes into three:

• Sexual assault involving all sexual crimes of penetration or intrusion, such as rape, forced intercourse, or penetration with a strange object
• Sexual assault on a minor involving all forms of sexual misconduct with a fifteen-year-old or younger child, and the offender is at least four years older than the victim
• Sexual contact crimes, such as groping or fondling of genitals, and sexual battery involving unwanted touching of a sexual nature

In addition to the above, some acts outside sexual assault or contact may be considered sex crimes. These offenses may require an individual to serve some time in prison, pay a hefty fine, and register on the Colorado sex offender list. Some examples of sex offenses in Colorado include:

• Sexual exploitation of a child
• Internet luring of a child
• Indecent exposure or public indecency
• Incest
• Possession, production, or distribution of child pornography
• Prostitution or solicitation of prostitution
• Invasion of privacy for sexual gratification
• Second-degree kidnapping with a sexual motive
• Failure to register as a sex offender 

What are the Different Types of Sex Offenses?

Colorado sex offenses are either misdemeanor sex crimes or felony sex crimes.

Misdemeanor Sex Crimes

Certain sex offenses are charged as Class 1 misdemeanors (M1) — the most serious misdemeanor level in Colorado. These crimes carry determinate sentences, so the judge may impose only the fixed jail or probation range set by statute (typically up to 18 months), unlike felony sex offenses, which may trigger much longer, often indeterminate, terms. They are punishable by incarceration of up to 2 years and fines of up to $5000. Convicted offenders are required to register as sex offenders for a minimum of 10 years to a lifetime. Examples of misdemeanor sex crimes include:

• Unlawful sexual conduct (misdemeanor)
• Indecent exposure
• Sexual intrusion or penetration involving a minor who is at least 15 but under 17, when the offender is at least 10 years older than the victim and not married to them 

Felony Sex Crimes

Felony sex crimes are more severe than misdemeanors and have more adverse consequences. They are classified into class 2(F2) - class 6(F6) felonies:

• Class 2 felonies: These are the most severe sex offenses. They carry collateral consequences that may last a lifetime. Possible penalties include prison time of 8 and 24 years and a fine between $5,000 and $1,000,000. An example of a class 2 felony in Colorado is selling or recruiting a minor for commercial sexual activity.
• Class 4 and Class 3: Sex felonies also carry lifelong consequences, such as life on felony sex offender probation or life in prison. Offenders may spend between 2 and 12 years in jail and pay fines of $2,000 - $750,000. Examples include harboring, isolating, or transporting an individual to coerce them into engaging in commercial sexual activity; and inflicting sexual penetration or sexual intrusion on a minor and family member that the offender is not legally married to. 
• Class 5 and Class 6: Are less severe; hence, they do not carry lifelong sentences like classes 2, 3, and 4. However, like all felony sexual assault crimes in Colorado, they have specific mandatory requirements such as Sex Offender Intensive Supervision Probation (SOISP) and lifetime sex offender registration. They also lead to losing certain privileges such as social life/opportunities, participating in activities with children, owning a firearm, or drinking alcoholic drinks. They are punishable by 12 to 36 months of imprisonment with a compulsory parole period of one year and fines between $1,000 and $100,000. Examples include subsequent failure to register as a sex offender or submitting false information during registration, and photographing another person’s intimate parts without consent.

Aside from prison time and expensive fines, convicted sex offenders may also lose parental rights, lose rights to a child conceived from a sexual crime, and become subject to community supervision and mandatory drug tests.

Sex Offender Levels of Classification in Colorado

To classify sex offenders, Colorado adopts part of the Adam Walsh three-tier classification system that organizes offenders based on the nature of the offense committed. It also groups them based on how long they should remain subject to registration on the state sex offender registry. Generally, the system of classification groups offenders as follows:

• Tier 1 sex offenders: These are first-time offenders and those adjudicated juveniles as young as 14 years. They are mandated by law to update their whereabouts annually with 15 years of registration.
• Tier 2 offenders: These offenders have a moderate tendency to re-offend. They are legally obligated to update their whereabouts every six months, with 25 years of registration.
• Tier 3 offenders: These offenders are the most dangerous of all three, with a high chance of repeating their crimes. They are required to update their information quarterly (3 months) with lifetime registration requirements. Tier 3 offenders are further grouped into three classes, namely:
• Sexually Violent Predators (SVP’s): Offenders with the highest risk and potentially dangerous. They are the only offenders subject to community notification.
• Offenders with multiple offenses: They are convicted sex offenders with two or more felony convictions for sexual crimes.
• Offenders who failed to register: They are prone to failing or choosing not to register. They incur additional charges for non-compliance.

It is important to note that the State of Colorado does not include information on convicted juveniles and other minor misdemeanor sex crime offenders on the state registry.

How Do I Find A Sex Offender Near Me in Colorado

Because sex-crime convictions form part of an individual’s permanent criminal record, that information may be retrieved through several channels as follows:

• Local law enforcement and county sheriff's offices may offer criminal records on request. Additionally, per Colorado Revised Statutes, they may maintain separate websites containing information on sex offenders in their jurisdiction.
• The Colorado Judicial Branch maintains all court and criminal records, which may be made available on request for a fee. The inquirer may also visit the court in person to request paper copies.
• The Colorado Department of Corrections provides information on prison inmates and their criminal history on request to members of the public.
• Colorado Sex Offender Registry.

Colorado Sex Offender Registry

The Colorado Bureau of Investigation’s Felony Sex Offender Registry is a means of recovering information about sex offenders in the state. It is a public list of individuals convicted of sex crimes within the state limits. Generally, the registry consists of details of adults convicted of felony sex crimes but excludes details of individuals convicted of misdemeanor or juvenile sex crimes.

The information provided in the registry is curated by local law enforcement offices across the state. It typically includes the following information about registered sex offenders:

• Full name and aliases
• Registration Status
• Date of birth
• Address
• Physical Description: gender, race, height, weight, hair color, eye color, scars, marks, and tattoos
• Photographs
• Fingerprints
• Details on crime(s) and conviction(s)
• Identification status as a sexually violent predator
• Information about the offender’s predatory habits, if any.
• Social media or internet profile information

The registry generally serves as a searchable safety and community notification service that law enforcement agencies use to monitor sex offenders in their jurisdiction. For instance, law enforcement gets notified when a sex offender refuses to register. It also identifies offenders named sexually violent predators (SVP. This group of offenders poses the most risk to public safety. Additionally, the registry provides neighborhood citizens with a means to identify sex offenders close to them for safety reasons. It allows users to search by the offender’s name, location, and crime of conviction.

The sex offender registry usually provides updated information on offenders. Typically, offenders update their information annually, but are generally expected to update the registry’s information when their work or home locations change. Further, some specific offenders are required by state law to update their information quarterly. They include:

• sexually violent predators (SVP)
• adults convicted of felony sexual assault, sexual assault on a minor, and aggravated incest.

Records that are considered public may also be accessible from some third-party websites. These websites streamline the inquiry process since they aggregate records from various geographic locations and allow users to perform multi-record searches. To search using a third-party site, interested parties are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the document or person involved

These sites operate independently of government sources and are not sponsored by government agencies. Thus, the accuracy and validity of these records may not be guaranteed. 

What are the Sex Offender Restrictions in Colorado?

Aside from registering as sex offenders, people convicted of sex crimes may suffer certain restrictions. Some of these restrictions are living restrictions, work restrictions, alcohol restrictions, and more. Typically, the Colorado state laws do not restrict where sex offenders may live. However, local ordinances of different jurisdictions within the state may set such restrictions. Most local laws prohibit sex offenders from living within a short distance of schools, parks, daycare centers, and other facilities where children gather. As a result, Colorado has many areas where sex offenders cannot rent or buy homes.