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Welcome to a new website dedicated solely to Colorado Sex Crimes Criminal Defense

This website is intended to and is dedicated to assisting clients and those charged with Sex Offenses in the State of Colorado.

In Colorado – to be charged with a sex crime – whether it is a misdemeanor or a felony is potentially the most destructive event in one’s life.

The penalties for sex crimes in Colorado are among the harshest, if not the most punitive and draconian in the country.

There may be no other category of crime that carries a greater stigma than a sex crime. Even the mere accusation of a sex crime can cause your family, friends and colleagues to question everything they know about you before you even get a chance to respond to the charge. In situations like these, it is essential that you have an experienced Franklin sex crimes attorney representing you.

At the Law Offices of H. Michael Steinberg in Denver, Colorado, we understand what a sex crime conviction can do to your reputation, and we know how embarrassing it can be to have your personal life become a matter of public record. You have our promise to handle your case with the highest level of discretion, and to resolve the matter as efficiently and quietly as possible.

Your Advocate In Difficult Colorado Sex Offense Cases

In many cases, the truth in a sex offense case comes down to your word against the alleged victim’s. We work hard to uncover false accusations and pursue every available option in an effort to see that you are not convicted of a crime you did not commit. If a best interest or guilty plea is your best option, we will work to resolve the matter in a way that is most beneficial for you.

Some Important History of Changes to the Colorado Laws Governing Sex Offenses

in the Colorado State Legislature created a system of laws to sentence convicted sex offenders more harshly than almost any other sentence except Murder in the First Degree.

The State legislature “studied”the issues for six years prior to the enactment of the Colorado Sex Offenders Treatment Act. Those studies began with the creation of the Sex Offender Management Board (SOMB)

The Colorado Sex Offender Management Board (SOMB) was created in 1992 by the Colorado legislature to develop Standards & Guidelines for the Assessment, Evaluation, Treatment & Behavioral Monitoring of Adult Sex Offenders.The SOMB developed Lifetime Supervision Criteria and the Standards & Guidelines for the Evaluation, Assessment, Treatment & Supervision of Juveniles Who Have Committed Sexual Offenses.

The SOMB Standards and sentencing statutes created what can only be called an entirely new focus -a paradigm shift in the way the Colorado Criminal Justice System prosecuted sex offenders. The standards focus not on the rehabilitation of the convicted sex offender but rather they are designed to establish the lifetime “management” of sex offenders targeting community safety and the protection of victims. The standards are founded on the so called “NO CURE” model – meaning that sex offenders can NEVER be rehabilitated –only controlled and isolated for the saftey of the community.

Defending Colorado Sex Offender Cases

The serious nature and complexity of a sex crime charge makes it one of the most difficult to defend. Only a highly experienced Colorado criminal defense attorney who has specialized in this area can provide effective legal representation in these difficult cases.

Sex Offender cases are extrodinarily dangerouse – they take a great deal of time, effort and persistence to provide much-needed defense representation both inside and outside the courtroom. It also takes an extensive knowledge of Colorado Criminal Law and the potential resources to assist in the thorough investigation of a case and to provide a specially made defense strategy that will have the greatest likelihood of meeting with success.

A Colorado Sex Offense charge must be investigated from every angle to determine whether an error has been made in gathering or processing evidence, whether a witness is not credible – inconsistent or whether law enforcement violated the defendant’s rights at any critical point in an investigation.

These issues are very important and may result in a favorable disposition or even the dismissal of the charges.

Indeterminate Sentencing In Colorado Sex Offender Cases

In 1998 one of the most drastic changes for sex offense sentencing took effect. The Colorado State Legislature voted to authorize indeterminate sentences for sex offenders, and madated those convicted for Class 4 or higher felonies subject to mandatory lifetime supervision.

What does Mandatory Lifetime Supervison Mean?

It means that judges who sentence a person for certain sex offenses can set ONLY the minimum sentence  – the upper end of the sentence MUST BE  a life sentence (indeterminate sentencing).

As of 2009, of the approximately 1600 inmates sentenced since the enactment of the Colorado Sex Offender Lifetime Supervision Act since 1998 – only 20 have been paroled.

Enticement of a Child and Internet Luring As Examples of Life Sentence Crimes:

Enticement of a Child is defined as 18-3-305 as follows:

A person commits the crime of enticement of a child if he or she 1) invites or persuades, or attempts to invite or persuade, a child 2) under the age of fifteen years to enter any vehicle, building, room, or secluded place 3) with the intent to commit sexual assault or unlawful sexual contact upon said child. It is not necessary to a prosecution for attempt under this subsection (1) that the child have perceived the defendant’s act of enticement.

Another example is the crime of Internet Luring of a Child: 18-3-306. It is defined as follows:

An actor commits internet luring of a child if the actor 1) knowingly communicates over a computer or computer network, telephone network, or data network or by a text message or instant message 2) to a person who the actor knows or believes to be under fifteen years of age and, 3) in that communication or in any subsequent communication by computer, computer network, telephone network, data network, text message, or instant message, describes explicit sexual conduct as defined in section 18-6-403(2)(e), and, 4) in connection with that description, makes a statement persuading or inviting the person to meet the actor for any purpose, and 5) the actor is more than four years older than the person or than the age the actor believes the person to be.

It is also important to recognize the impact of Federal Sex Offender Laws – which laws require states to comply with the sex offender registration and notification process.

These Federal Laws include:

The Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (1994), which requires states to establish sex offender registration for convicted offenders, and a system to track them.

Megan’s Law (1996), which requires states to inform community residents about the presence of convicted sex offenders in their neighborhoods.

The Pam Lychner Act (1997), which mandating lifetime registration for some sex offenders and a National Sex Offender Registry.

The Amber Alert program requires all states to create Internet sex offender registries & to include child pornography offenders in registries.

What is the Colorado Legal Definition of a Sex Offender?

Sections 16-22-102(9) and 18-1.3-1008, C.R.S. define a sex offender as a person convicted of one of the following sex offenses:

A conviction is defined as having been found guilty, pleaded guilty (including Alford pleas) or nolo contendere (no contest) , or received a disposition as a juvenile or adjudicated a juvenile delinquent. (Offenders receiving deferred judgments are subject to sex offender registration but cannot be found to be sexually violent predators or be subject to community notification.)

Sexual assault in the first, second or third degree;

Unlawful sexual contact;

Sexual assault on a child;

Sexual assault on a child by one in a position of trust;

Sexual assault on a client by a psychotherapist;

Enticement of a child;

Incest;

Aggravated Incest;

Trafficking in children;

Sexual exploitation of children;

Procurement of a child for sexual exploitation;

Indecent exposure;

Soliciting for child prostitution;

Pandering of a child;

Procurement of a child for prostitution;

Keeping a place of child prostitution;

Pimping of a child;

Inducement of child prostitution;

Patronizing a prostituted child;

Engaging in Sexual Conduct in a Penal Institution;

Wholesale Promotion of Obscenity to Minors; and

Promotion o Obscenity to Minors

Criminal attempt, conspiracy or solicitation to commit any of the above offenses.

The primary state laws charged in these cases can be found in the Colorado State Statutes as follows:

(You can look up these laws online at:

http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp

Statutes for Sexual Offenses in Colorado:

Sexual assault (18-3-402)

Unlawful sexual contact (18-3-404)

Sexual assault on a child (18-3-405)

Sexual assault on a child by one in a position of trust (18-3-405.3)

Internet sexual exploitation of a child (18-3-405.4)

Indecent Exposure (18-7-302)

Failure to Register as a Sex Offender (18-3-412.5)

Indeterminate Sentence for Sex Offenders (18-1.3-1004)

Agravated Incest (18-6-302)

Incest (18-6-302)

Internet Luring of a Child (18-3-306)

Enticement of a Child (18-3-305)

Internet Luring of a Child (18-3-306)

Internet Sexual Exploitation of a Child (18-3-405.4)

Sexual Exploitation of Children (18-3-403)

A Colorado felony sex offense charge mandates that the party being investigated or under arrest and or charged requires immediate intervention from a Colorado criminal defense attorney whose experience and seasoning includes these complex and difficult crimes

The Steinberg Colorado Criminal Defense Firm knows how to protect your rights and negotiate the best possible result according to the facts and applicable law. If you have been charged with a Colorado felony sex offense, contact our firm today to immediately speak to H. Michael Steinberg about your case.

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