Sex Crimes Defense in Denver, CO

Aggressive Defense For Sex Crime Accusations

Denver Criminal Defense Attorney Kevin PaulyHave you been accused of sexual assault in Colorado? Sexual assault charges carry serious penalties and require the experience of a skilled Denver criminal defense lawyer and sexual assault lawyer like Kevin Pauly.

Kevin will research your case to ensure that you are represented fairly and will help you fight whatever sexual crimes charges have been filed against you, whether they are misdemeanor or felony.

When you have been arrested or if you believe you may be under investigation for a sex crime, your immediate instinct is probably to tell the authorities your version of the story. You should absolutely resist this urge and instead contact an attorney.

Everything you tell the police can and likely will be used against you, especially if you make any kind of admission relating to wrongdoing as it applies to your specific criminal charges. The only thing you should say is that you want to speak to a lawyer.

Defending Your Freedom and Your Reputation

As an experienced Denver sexual assault lawyer, Kevin has defended numerous sex crimes cases in Colorado including: sexual assault, sexual assault on a child, aggravated incest, possession or distribution of child pornography, internet luring, indecent exposure, prostitution, sexual exploitation of children, unlawful sexual contact, rape, incest, and sexual assault by a teacher or other professional.

Colorado rape and sexual assault laws carry very serious penalties for convicted sex offenders. Sex crimes can range from misdemeanor charges to felonies that can carry up to lifetime in prison.

Even misdemeanor sexual assault convictions in Denver can result in being required to register as a sex offender in Colorado. This can follow you for the rest of your life and severely affect your relationships, living situation, education, and jobs.
A sexual assault charge can keep you from being able to see your children or even from using the internet in certain cases. That is why you need a skilled criminal defense lawyer like Kevin Pauly.

In some cases, an experienced Denver sexual assault lawyer can even fight to reduce your charge to a non sex-related offense with a less severe sentence that would not require you to register as a sex offender.

There are numerous reports of sex crimes in Denver that are based on false accusations. If you feel that you are being unjustly accused of a sex crime in Denver, you need a great Denver sexual assault defense lawyer like Kevin Pauly by your side, helping you to fight the charges that are filed against you. Whatever the circumstances of your sexual assault charge, you can trust that Kevin Pauly will represent your best interests and stand by you every step of the way.

Colorado Sex Crime Laws

The Colorado General Assembly passed the Sex Offender Lifetime Supervision Act in 1998, which created lifetime supervision for most class 2, 3, and 4 felony sex offenses. The sentencing options for a court under the act include probation for a minimum of 10 years to a maximum of life for a class 4 felony and a minimum of 20 years and a maximum of life for a class 2 or 3 felony, as well as Department of Corrections for at least the minimum of the presumptive range of sentencing to a maximum of life.

Colorado Revised Statute § 18-1.3-406 also establishes mandatory sentences for violent crimes. Under this law, any sexual offense pursuant to Part 4 of Article 3 of Title 18 of the Colorado Revised Statutes or any sexual offense in which the alleged offender caused bodily injury to the alleged victim or in which the alleged offender used threat, intimidation, or force against the alleged victim is considered a crime of violence that can trigger an enhanced sentence.

Part 4 of Article 3 of Title 18 of the Colorado Revised Statutes is dedicated to unlawful sexual behavior. Multiple sex crimes are established under this section of state law, including:

Sexual Assault, Colorado Revised Statute § 18-3-402

More commonly referred to as rape, an alleged offender commits sexual assault if they inflict sexual intrusion or sexual penetration on an alleged victim when the alleged offender causes submission against the alleged victim’s will, the alleged offender knows that the alleged victim is incapable of appraising the nature of their conduct, or the alleged offender purports to offer a medical service and engages in treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices. Sexual assault also applies to sexual intrusion or penetration involving alleged victims who are incapable of appraising the nature of their conduct, physically helpless, less than 15 years of age if the alleged offender is at least four years older, or between the ages of 15 and 17 if the alleged offender is at least 10 years older. Sexual assault is a class 4 felony punishable by between two to six years up to an indeterminate period which could include the remainder of your natural life in prison and a fine of up to $500,000, but it is classified as a class 3 felony punishable by between four to 12 years up to an indeterminate period which could include the remainder of your natural life in prison and a fine of up to $750,000 if the offense involved the use or threat of physical force or certain other circumstances. When a sexual assault results in the alleged victim suffering serious bodily injury or if the alleged offender was armed with a deadly weapon, the crime is a class 2 felony punishable by a minimum of 16 years up to an indeterminate period which could include the remainder of your natural life and a fine of up to $1 million.

Unlawful Sexual Contact, Colorado Revised Statute § 18-3-404

An alleged offender commits unlawful sexual contact if they touch an alleged victim’s intimate parts without consent, cause an alleged victim to touch their imitate parts without consent, or cause a child to expose their intimate parts or engage in sexual contact. Unlawful sexual contact can be a class 1 misdemeanor punishable by up to 18 months in jail and a fine of up to $5,000, but the crime becomes a class 4 felony punishable by between two to six years up to an indeterminate period which could include the remainder of your natural life in prison and a fine of up to $500,000 if the alleged offender compels the alleged victim to submit by use of force, intimidation, or threat.

Sexual Assault on a Child, Colorado Revised Statute § 18-3-405

While it is referred to as sexual assault, the crime of sexual assault on a child is actually based on sexual contact with an alleged victim who is less than 15 years of age and an alleged offender who is at least four years older. Sexual assault on a child is a class 4 felony punishable by between two to six years up to an indeterminate period which could include the remainder of your natural life in prison and a fine of up to $500,000, but it is classified as a class 3 felony punishable by between four to 12 years up to an indeterminate period which could include the remainder of your natural life in prison and a fine of up to $750,000 if the alleged offender applies force against the alleged victim in order to accomplish or facilitate sexual contact, or if the offense is a part of a pattern of sexual abuse.

Internet Sexual Exploitation of a Child, Colorado Revised Statute § 18-3-405.4

An alleged offender commits internet sexual exploitation of a child if they knowingly invite or entice through electronic communication (including a computer network, telephone network, data network, text message, or instant message) a person whom the alleged offender knows or believes to be under 15 years of age and at least four years younger than the alleged offender to expose or touch their own or another person’s intimate parts or observe the alleged offender’s intimate parts. Internet sexual exploitation of a child is a class 4 felony punishable by between two to six years up to an indeterminate period which could include the remainder of your natural life in prison and a fine of up to $500,000.

Invasion of Privacy for Sexual Gratification, Colorado Revised Statute § 18-3-405.6

An alleged offender commits unlawful invasion of privacy for sexual gratification if they observe or photograph another person’s intimate parts without their consent, in a situation with a reasonable expectation of privacy, for the purpose of the alleged offender’s own sexual gratification. Unlawful invasion of privacy for sexual gratification is a class 1 misdemeanor punishable by up to 18 months in jail and a fine of up to $5,000, but a second or subsequent offense or an offense involving an alleged victim under 15 years of age of a class 6 felony punishable by up to 18 months in prison and a fine of up to $100,000.

Failure to register as a sex offender, Colorado Revised Statute § 18-3-412.5

Numerous types of failures to fulfill sex offender requirements can result in failure to register as a sex offender charges. When an alleged offender was convicted of felony unlawful sexual behavior, failure to register as a sex offender is a class 6 felony punishable by up to 18 months in prison and a fine of up to $100,000. If the alleged offender was convicted of misdemeanor unlawful sexual behavior, failure to register as a sex offender is a class 1 misdemeanor punishable by up to 18 months in jail and a fine of up to $5,000.

Several other types of criminal offenses that are sexual in nature are located elsewhere in the Colorado Revised Statutes. Some of the most common include:

Soliciting for Prostitution, Colorado Revised Statute § 18-7-202

An alleged offender commits soliciting for prostitution if they solicit another person for the purpose of prostitution, arrange or offer to arrange a meeting for the purpose of prostitution, or direct another to a place knowing such direction is for the purpose of prostitution. Soliciting for prostitution is a class 3 misdemeanor punishable by up to six months in jail and a fine of up to $500.

Indecent Exposure, Colorado Revised Statute § 18-7-302

An alleged offender commits indecent exposure of they knowingly expose their genitals or perform an act of masturbation to the view of any person under circumstances in which the conduct is likely to cause affront or alarm to the other person. Indecent exposure is a class 6 felony punishable by up to 18 months in prison and a fine of up to $100,000.

Internet Luring of a Child, Colorado Revised Statute § 18-3-306

An alleged offender commits internet luring of a child if they knowingly communicate electronically with a person who they know or believe to be under 15 years of age, describe explicit sexual conduct, and, in connection with that description, make a statement persuading or inviting the person to meet the alleged offender for any purpose when the alleged offender is more than four years older than the person. Internet luring of a child is a class 5 felony punishable by up to three years in prison and a fine of up to $100,000, but the crime can be classified as a class 4 felony punishable by up to six years in prison and a fine of up to $500,000 if the offense was committed with the intent to meet for the purpose of engaging in sexual exploitation.

Posting a Private Image for Harassment, Colorado Revised Statute § 18-7-107

Also known as Colorado’s “revenge porn” law, an alleged offender commits posting a private image for harassment if they post or distribute through social media or any website any photograph, video, or other image displaying the private intimate parts of an identified or identifiable person 18 years of age or older with the intent to harass the depicted person and inflict serious emotional distress upon the depicted person, without the depicted person’s consent or when the actor knew or should have known that the depicted person had a reasonable expectation that the image would remain private, and the conduct results in serious emotional distress of the depicted person. Posting a private image for harassment is a class 1 misdemeanor punishable by up to 18 months in jail and a fine of up to $10,000.

Posting a Private Image for Pecuniary Gain, Colorado Revised Statute § 18-7-108

Essentially the same law as Colorado’s revenge porn statute for posting a private image for harassment, posting a private image for pecuniary gain includes offenses committed with the intent to obtain a financial benefit. These crimes are also class 1 misdemeanors punishable by up to 18 months in jail and a fine of up to $10,000.

Posting, Possession, or Exchange of a Private Image by a Juvenile, Colorado Revised Statute § 18-7-109

This law essentially governs revenge proven and “sexting” offenses committed by juveniles. An alleged offender who knowingly sends a sexually explicit image or images of themselves to another person who is at least 14 years of age or is less than four years younger than the offender, or possesses a sexually explicit image or images of another person at least 14 years of age or less than four years younger than the offender commits a civil infraction punishable by participation in a program designed by the school safety resource center or other appropriate program and a fine of up to $50. Knowingly possessing a sexually explicit image or images of another person at least 14 years of age or less than four years younger than the juvenile without that person’s permission is a petty offense punishable by up to six months in jail and a fine of up to $500. Possession of 10 or more images without permission is a class 2 misdemeanor punishable by up to 12 months in jail and a fine of $1,000, but the offense is a class 1 misdemeanor punishable by up to 18 months in jail and a fine of $5,000 if there was an intent to coerce, intimidate, threaten, or cause emotional distress, the alleged offender had a prior posting of a private image and completion of a diversion or educational program, or the alleged offender posted three or more images of separate persons.

Additional Considerations in Sex Crime Cases

Criminal convictions in sex crime cases are rarely the end of the story for alleged offenders. Many cases can involve additional complications such as:

Lifetime Supervision Sentencing

The Colorado Sex Offender Lifetime Supervision Act of 1998 requires lifetime supervision for most class 2, 3, and 4 felony sex offenses. This is commonly known as indeterminate sentencing in Colorado.

Sex Offender Registration

Any person who is convicted of an unlawful sexual offense is required to register as a sex offender. People are required to register within five days of being released from custody or receiving notice, and many people have to register every year within five days of their birthdays. People convicted of certain offenses are required to register quarterly (every three months).

Sex Offender Registration Removal

Colorado Revised Statute § 16-22-113 establishes that a person can petition for removal from the sex offender registry 20 years after a class 1, 2, or 3 felony, 10 years after a class 4, 5, or 6 felony or class 1 misdemeanor, five years after any other misdemeanor, or after successful completion and dismissal of a case involving a juvenile or a deferred sentence or adjudication. When a person fails to register, they cannot petition for removal until one year after full compliance.

Get an Experienced Denver Sexual Assault Attorney

Most sex crime allegations are based on statements made by alleged victims. Some allegations may be exaggerated or completely manufactured. Even if you know that you have been falsely accused of a sexual offense, you should still avoid trying to explain anything to authorities. Instead, contact the Law Office of Kevin Pauly as soon as possible.

If you have been charged with a sexual assault in Colorado, you need an experienced Denver sexual assault attorney to protect your rights. For more than a decade, Kevin has exclusively defended those facing criminal charges in Colorado and was named Attorney of the Year in 2007 for the Denver Trial Office of the Colorado State Public Defender.

Kevin Pauly was named Attorney of the Year for the Denver Trial Office in 2007, and he is ready to put his experience and reputation on the line for you. You can have him review your case and answer all of your legal questions when you call (720) 941-6816 to schedule a free consultation.

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