Sex Crimes

Sentencing for Sex Crimes can be extremely severe. Even lower level sex offenses may require registration as a sex offender and close probation supervision.

Misdemeanors

  • Unlawful Sexual Contact, § 18-3-404: includes any person subjecting a victim to any sexual contact that is non-consensual, that the victim is unconscious or incapable of appraising the nature of the conduct, or that the victim was involuntarily intoxicated by the offender.
  • Invasion of Privacy for Sexual Gratification, § 18-3-405.6: typically involves the taking of intimate pictures of another person without their knowledge. This can be a felony if the victim is under 15yo.
  • Criminal Invasion of Privacy, § 18-7-801:  a person who knowingly observes or takes photographs of another person's intimate parts, without that person's consent, in a situation where the person observed or photographed has a reasonable expectation of privacy, commits criminal invasion of privacy. (2) criminal invasion of privacy is a class 2 misdemeanor.
  • Failure to Register as a Sex Offender, § 18-3-412.5: occurs if a person required to register fails to do so. This can be a felony if the underlying offense is a felony.
  • Prostitution, § 18-7-201: occurs if a person receives money or other thing of value in exchange for a sex act. This is a petty offense.
  • Solicitation for Prostitution, § 18-7-202: occurs if a person solicits another for the purpose of prostitution, or arranges or offers to arrange a meeting of persons for the purpose of prostitution, or directs another to a place of knowing such direction is for the purpose of prostitution. This is a petty offense.
  • Patronizing a Prostitute, § 18-7-205: occurs if a person pays for sexual intercourse or deviate sexual conduct with a prostitution. This is a petty offense. A person who is convicted of patronizing a prostitute may be required to pay a fine of not more than five thousand dollars in addition to any penalty imposed by the court pursuant to section § 18-1.3-401 or 18-1.3-503.
  • Pubic Indecency, § 18-7-301: involves a public act of intercourse, lewd fondly, or knowing exposure of genitals in a way to that causes affront or alarm. This is a petty offense punishable by up to six months in jail.
  • Indecent Exposure, § 18-7-302: involves a knowing exposure of their genitals or masturbates in such a way likely to cause affront or alarm. This is a M1 punishable by up to a year in jail. A second offense may be a felony.

Felonies

  • Sexual Assault, § 18-3-402: can occur if sexual penetration happens due to force, the victim is incapable of consent, being 10 years older than a victim between 15-17yo, being no greater than 4 years older than a victim under 15yo.
  • Sexual Assault on a Child, § 18-3-405: can occur when the child is under 15yo and the offender is no greater than 4 years older than the victim.
  • Sexual Assault on a Child by One in Position of Trust, § 18-3-405.3: applies if the offender is in position of trust with respect to the child.
  • Enticement of a Child, § 18-3-305: inviting or persuading a child under 15yo into a secluded place with the intent to commit sexual assault or unlawful sexual contact on them.
  • Internet Luring of a Child, § 18-3-306: uses phone, text, or the internet to describe explicit sexual conduct and alongside that attempts to persuade a child under 15yo to meet up.
  • Internet Sexual Exploitation of a Child, § 18-3-405.4: typically involves the use of the internet, text or phone, to cause a child to expose or touch their intimate parts; or to expose or touch an offender's intimate parts to that child.
  • Pandering, § 18-7-203: means inducing someone through threat into committing prostitution or arranging a situation where someone commits prostitution.
  • Pimping, § 18-7-206: involves a person knowingly living on or supported in whole or part by money obtained through prostituting others. Pimping is a class 3 felony.