A conviction for a sex crime in Colorado can lead to additional penalties beyond incarceration and fines. After serving your criminal sentence, you can still be “civilly committed” for an indeterminate amount of time if you fail a psychiatric evaluation.

In this article, our Denver Colorado criminal defense lawyers will address:

• 1. What is a sex offender?
• 2. Sex Offender Crimes
• 3. Civil Commitment
• 4. Sentencing
• 5. Psychiatric Evaluation
• 6. Appeals
• 7. Related Topics
• Additional Resources

1. What is a sex offender?

A “sex offender” is a defendant convicted of a sex offense. In Colorado, you must undergo a psychiatric evaluation before getting released.¹

Also see our article on sexually violent predators (SVP) in Colorado.

2. Sex Offender Crimes

You will be considered a sex offender in Colorado if you are convicted of any of the following crimes.²

• Sexual assault — C.R.S. 18-3-402
• Unlawful sexual contact — C.R.S. 18-3-404
• Sexual assault on a child — C.R.S. 18-3-405
• Sexual assault on a child by one in a position of trust — C.R.S. 18-3-405.3
• Aggravated sexual assault on a client by a psychotherapist — C.R.S. 18-3-405.5
• Enticement of a child — C.R.S. 18-3-305
• Incest — C.R.S. 18-6-301
• Aggravated incest — C.R.S. 18-6-302
• Trafficking in children — C.R.S. 18-3-502
• Sexual exploitation of children — C.R.S. 18-6-403
• Procurement of a child for sexual exploitation — C.R.S. 18-6-404
• Indecent exposure — C.R.S. 18-7-302
• Soliciting for child prostitution — C.R.S. 18-7-402
• Pandering of a child — C.R.S. 18-7-403
• Procurement of a child — C.R.S. 18-7-403.5
• Keeping a place of child prostitution — C.R.S. 18-7-404
• Pimping of a child — C.R.S. 18-7-405
• Inducement of child prostitution — C.R.S. 18-7-405.5
• Patronizing a prostituted child — C.R.S. 18-7-406
• Sexual conduct prohibited under C.R.S. 18-7-701
• Wholesale promotion of obscenity to a minor — C.R.S. 18-7-102(1.5)
• Promotion of obscenity to a minor — C.R.S. 18-7-102(2.5)
• Class 4 felony internet luring of a child — C.R.S. 18-3-306(3)
• Internet sexual exploitation of a child — C.R.S. 18-3-405.4
• Public indecency — C.R.S. 18-7-301(2.b) (3rd or subsequent offense or 2nd offense committed within 5 years of a previous offense)
• Invasion of privacy for sexual gratification — C.R.S. 18-3-405.6

You are also considered a sex offender if you are convicted of attempt, conspiracy, or solicitation of any of the above sex crimes.³

3. Civil Commitment

If you finish your prison sentence for a sex offense in Colorado, the court can keep you in custody on a “civil commitment” if you are considered a sexually dangerous person. You are committed to a secure mental health facility for sex offender treatment until you are considered safe to be released.⁴

Theoretically, you could spend the rest of your life in prison as long as you are considered dangerous. However, “some sex offenders respond well to treatment and can function as safe, responsible, and contributing members of society, so long as they receive treatment and supervision.”⁵

Also see our article on the Sex Offender Intensive Supervision Program.

4. Sentencing

At the beginning of sentencing proceedings following a sex crime conviction, the judge will advise you that:

• You will be examined by two psychiatrists;
• You have a right to counsel, and, if you are indigent, counsel will be appointed to represent you;
• You have a right to remain silent; and
• An evidentiary hearing will be held, and your counsel will get copies of relevant reports.^6-8

The probation officer will then file a report with the court.⁹

After the evidentiary hearing, the court shall make a finding of fact and conclusion of law within 7 days. If the court finds beyond a reasonable doubt that you would constitute a threat of bodily harm to the public, the court may commit you.¹⁰

5. Psychiatric Evaluation

After advising you of your rights, the court shall commit you to the Colorado mental health institute at Pueblo, the University of Colorado psychiatric hospital, or the county jail. You will then undergo psychiatric evaluations.

• If committed to the Colorado mental health institute at Pueblo or the University of Colorado psychiatric hospital, you shall be examined by two psychiatrists of the receiving institution.
• If committed to the county jail, you shall be examined by two psychiatrists appointed by the court.

The examining psychiatrists will provide independent written reports to the court with the opinion of the psychiatrist as to whether you, if released, would be considered a threat of bodily harm to members of the public. The reports shall also contain opinions concerning:

• Whether you are mentally deficient;
• Whether you could benefit from psychiatric treatment; and
• Whether you could be adequately supervised on sex offender probation.¹¹

After reviewing the reports of the psychiatrists and the probation officer, the court may terminate the proceedings and proceed with sentencing.¹²

6. Appeals

If you are determined to be a threat to society at large as a sex offender and committed to confinement, you may file an appeal. You can appeal an adverse finding in the same manner as for other criminal appeals.¹³

7. Related Topics

Sex Offender Registry

If you are found guilty of (or plead guilty or no contest to) a sex crime, you will be required to register as a sex offender. By law, you must provide personal information on a regular basis to the local chief of police or county sheriff in all jurisdictions where you reside, whether in Colorado or another state.

Colorado Sex Crimes

Under the Colorado Revised Statutes, sex crimes are divided into two basic categories: sex assault and sexual contact. Colorado sex offenses have serious consequences – especially if they are crimes of violence – and Colorado district attorneys are known to be harsh. In addition to prison time and a fine, felony sex offenses require you to register as a Colorado sex offender.

Failure to Register as a Sex Offender (C.R.S. 18-3-412.5)

In Colorado, sex offenders are required by law to register with the local law enforcement agency in each jurisdiction in which they reside. Failure to follow sex offender registration laws is a crime. Felony sex offenders who fail to register as required or to keep law enforcement notified of their whereabouts commit a Colorado felony. Misdemeanor sex offenders who fail to do so commit a Colorado misdemeanor.

Additional Resources

For more information about Colorado sentencing laws, refer to the following:

• Colorado State Parole Board – Oversees parole decisions and supervises offenders’ reintegration into the community.
• Colorado’s Sex Offender Management Board – Develops standards and policies for the management and treatment of sex offenders.
• Office of Community Corrections – Manages programs providing alternative sentencing and reintegration support for offenders.
• Colorado Sentencing Laws – Colorado General Assembly – Establishes legal guidelines and penalties for criminal offenses in Colorado.

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Legal References