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    Jun 15

    2014 - Colorado Increases The Minimum Mandatory Sentences For Certain Sex Crimes

    by H. Michael Steinberg – Colorado Sex Crimes Criminal Defense Lawyer.

    Quietly – the Colorado state legislature – unhappy with the fact that Colorado judge’s may have some discretion setting the bottom – or minimum sentence in Lifetime Indeterminate Sentencing Cases – passed HB – 14-1260.

    Entitled: – HB 14-1260: Adjusting Presumptive Ranges for Sexual Intrusion Crimes Against Children 12 and Under When Perpetrator is At Least 10 Years Older – The new law mandates a judge to impose a sentence within the framework of a mandatory indeterminate minimum presumptive range to a maximum of the offender’s life upon an adult offender if he or she commits a class 2, class 3, or class 4 felony sexual assault that includes intrusion or penetration against a child who is under 12 years of age at the time of the offense and the offender is at least 10 years older than the child. For a class 2 felony the presumptive range is 24 to 48 years, for a class 3 felony it is 18 to 32 years, and for a class 4 felony it is 10 to 16 years.

    Graphed out, the new sentencing laws look like this:

    For the offenses of:

    1. Sex assault; or
    2. Sex assault on a child; or
    3. Sex Assault on a child, position of trust:

    AND includes an act of:

    1. Sexual intrusion; or
    2. Sexual penetration

    Where the:

    1. Victim is under 12 years old; and
    2. The defendant is at least 18 and at least 10 years older than the victim.

    The defendant must be sentenced to the DOC for an indeterminate term of:

    • F4: 16 to life
    • F3: 18 to life
    • F2: 48 to life

    Colorado – unhappy that its laws may not be the harshest in the country – continues to move to the right of nearly every other state on the issue of punishing Colorado’s convicted sex offenders.

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