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 in exchange for a sex act. This is an M3 punishable by up to six months in jail.

  • Solicitation for Prostitution, 18-7-202: occurs is a person offers another money in exchange for a sex act. This is an M3 punishable by up to six months in jail.

  • Patronizing a Prostitute, 18-7-205: occurs if a person pays for sexual intercourse or deviate sexual conduct with a prostitution. This is a M1 punishable by up to a year in jail.

  • 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 punishisable 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 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.