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Jun 17

Colorado Statute Of Limitations 16-5-401 For Adult Sexual Assault Doubles In 2016

By H. Michael Steinberg Colorado Sex Crimes Criminal Defense Lawyer

Colorado Statute Of Limitations 16-5-401For Adult Sexual Assault Doubles – In 2016, for crimes occurring on or after July 1, 2016 the State of Colorado has doubled the statute of limitations to 20 years. The statute of limitations for adult (non children ) had preciously been 10 years.

As for similar recent changes in neighboring states – the State of Nevada passed a similar law last year, and California may eliminate ANY statute of limitations as to the crime of sexual assault thus equating sexual assault his murder.

The law is NOT RETROACTIVE – as noted it applies only as to future crimes.

Colorado Statute of Limitations For CrimesHere is handy chart of the Colorado Criminal Statute Of Limitations – THE OLD LAW – without the changes to Sex Crimes  (click to ENLARGE:

The OLD Law – is also reprinted in it’s entirety – and appears immediately below:

§ 16-5-401. Limitation for Commencing Criminal Proceedings and Juvenile Delinquency Proceedings

(1) (a) Except as otherwise provided by statute applicable to specific offenses, delinquent acts, or circumstances, no adult person or juvenile shall be prosecuted, tried, or punished for any offense or delinquent act unless the indictment, information, complaint, or petition in delinquency is filed in a court of competent jurisdiction or a summons and complaint or penalty assessment notice is served upon the defendant or juvenile within the period of time after the commission of the offense or delinquent act as specified below:

Murder, kidnapping, treason, any sex offense against a child, and any forgery regardless of the penalty provided: No limit

Attempt, conspiracy, or solicitation to commit murder; attempt, conspiracy, or solicitation to commit kidnapping; attempt, conspiracy, or solicitation to commit treason; attempt, conspiracy, or solicitation to commit any sex offense against a child; and attempt, conspiracy, or solicitation to commit any forgery regardless of the penalty provided: No limit

Vehicular homicide, except as described in paragraph (a.5) of this subsection (1); leaving the scene of an accident that resulted in the death of a person: Five years

Other felonies: Three years

Misdemeanors: Eighteen months

Class 1 and 2 misdemeanor traffic offenses: One year

Petty offenses: Six months

(a.5) The period of time during which an adult person or juvenile may be prosecuted for the offense of vehicular homicide, as described in section 18-3-106, C.R.S., and leaving the scene of an accident that resulted in the death of a person, as described in section 42-4-1601(2) (c), C.R.S., when both offenses are alleged to have occurred as part of the same criminal episode in the same indictment, information, complaint, or petition in delinquency filed in a court of competent jurisdiction is ten years.

(c) For purposes of this section:

(I) “Delinquent act” has the same meaning as defined in section 19-1-103(36), C.R.S.

(II) “Juvenile” means a child as defined in section 19-1-103(18), C.R.S.

(III) “Petition in delinquency” means any petition filed by a district attorney pursuant to section 19-2-512, C.R.S.

(IV) “Sex offense against a child” means any “unlawful sexual offense”, as defined in section 18-3-411(1), C.R.S., that is a felony.

(1.5) (a) Except as otherwise provided in paragraph (b) of this subsection (1.5), the provisions of paragraph (a) of subsection (1) of this section concerning sex offenses against children shall apply to offenses and delinquent acts committed on or after July 1, 1996.

(b) The provisions of paragraph (a) of subsection (1) of this section concerning sex offenses against children shall apply to an offense or delinquent act committed before July 1, 1996, if the applicable statute of limitations, as it existed prior to July 1, 2006, has not yet run on July 1, 2006.

(c) It is the intent of the general assembly in enacting the provisions of paragraph (a) of subsection (1) of this section concerning sex offenses against children to apply an unlimited statute of limitations to sex offenses against children committed on or after July 1, 1996, and to sex offenses against children committed before July 1, 1996, for which the applicable statute of limitations in effect prior to July 1, 2006, has not yet run on July 1, 2006.

(2) The time limitations imposed by this section shall be tolled if the adult offender or juvenile is absent from the state of Colorado, and the duration of such absence, not to exceed five years, shall be excluded from the computation of the time within which any complaint, information, indictment, or petition in delinquency must otherwise be filed or returned.

(3) (a) The period within which a prosecution must be commenced does not include any period in which a prosecution is pending against the adult defendant or juvenile for the same conduct, even if the indictment, information, complaint, or petition in delinquency which commences the prosecution is quashed or the proceedings thereon are set aside or are reversed on appeal.

(b) The period within which a prosecution must be commenced does not include any period in which a prosecution is pending against the adult defendant or juvenile for the same conduct, even if filed in a court without jurisdiction, when based on a reasonable belief the court possesses jurisdiction.

(4) When an offense or delinquent act is based on a series of acts performed at different times, the period of limitation prescribed by this code or by the “Colorado Securities Act”, article 51 of title 11, C.R.S., starts at the time when the last act in the series of acts is committed.

(4.5) The period within which a prosecution must be commenced begins to run upon discovery of the criminal act or the delinquent act for:

(a) Offenses relating to the “Uniform Commercial Code”, pursuant to part 5 of article 5 of title 18, C.R.S.;

(b) Computer crime, pursuant to article 5.5 of title 18, C.R.S.;

(c) Theft, pursuant to section 18-4-401, C.R.S.;

(d) Theft of trade secrets, pursuant to section 18-4-408, C.R.S.;

(e) Defacing or destruction of written instruments, pursuant to section 18-4-507, C.R.S.;

(f) Criminal simulation, pursuant to section 18-5-110, C.R.S.;

(g) Obtaining signature by deception, pursuant to section 18-5-112, C.R.S.;

(h) Criminal impersonation, pursuant to section 18-5-113, C.R.S.;

(i) Offering a false instrument for recording, pursuant to section 18-5-114, C.R.S.;

(j) Dual contracts to induce loan, pursuant to section 18-5-208, C.R.S.;

(k) Issuing a false financial statement or obtaining a financial transaction device by false statements, pursuant to section 18-5-209, C.R.S.;

(l) Unlawful activity concerning the selling of land, pursuant to section 18-5-302, C.R.S.;

(m) Offenses relating to equity skimming, pursuant to part 8 of article 5 of title 18, C.R.S.;

(m.5) Offenses relating to identity theft, pursuant to part 9 of article 5 of title 18, C.R.S.;

(n) Offenses relating to bribery and corrupt influences, pursuant to part 3 of article 8 of title 18, C.R.S.;

(o) Offenses relating to abuse of public office, pursuant to part 4 of article 8 of title 18, C.R.S.;

(p) Offenses relating to perjury, pursuant to part 5 of article 8 of title 18, C.R.S.;

(q) Offenses relating to the “Colorado Organized Crime Control Act”, pursuant to article 17 of title 18, C.R.S.;

(r) Unlawful concealment of transactions, pursuant to section 11-107-105, C.R.S.;

(s) Embezzlement or misapplication of funds, pursuant to section 11-107-107, C.R.S.;

(t) Unlawful acts or omissions relating to financial institutions, pursuant to section 11-107-108, C.R.S.;

(v) Criminal offenses relating to savings and loan associations, pursuant to section 11-41-127, C.R.S.; and

(w) Criminal offenses relating to securities fraud, pursuant to part 5 of article 51 of title 11, C.R.S.

(5) The period of time during which an adult person or juvenile may be prosecuted shall be extended for an additional three years as to any offense or delinquent act charged under sections 18-8-302, 18-8-303, 18-8-306, 18-8-307, 18-8-402, 18-8-406, 18-8-407, 39-21-118, and 39-22-621(3), C.R.S.

(6) Except as otherwise provided in paragraph (a) of subsection (1) of this section pertaining to sex offenses against children, the period of time during which an adult person or juvenile may be prosecuted shall be extended for an additional seven years as to any offense or delinquent act charged under section 18-3-402 or 18-6-403, C.R.S., or charged as criminal attempt, conspiracy, or solicitation to commit any of the acts specified in said sections.

(7) When the victim at the time of the commission of the offense or delinquent act is a child under fifteen years of age, the period of time during which an adult person or juvenile may be prosecuted shall be extended for an additional three years and six months as to a misdemeanor charged under section 18-3-404, C.R.S., or criminal attempt, conspiracy, or solicitation to commit such a misdemeanor.

(8) (a) Except as otherwise provided in paragraph (a) of subsection (1) of this section pertaining to sex offenses against children and except as otherwise provided in paragraphs (a.3) and (a.5) of this subsection (8), the period of time during which an adult person or juvenile may be prosecuted shall be ten years after the commission of the offense or delinquent act as to any offense or delinquent act:

(I) Charged under section 18-3-402, C.R.S., section 18-3-403, C.R.S., as said section existed prior to July 1, 2000, or section 18-6-403, C.R.S.;

(II) Charged as a felony under section 18-3-404, C.R.S.; or

(III) Charged as criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in subparagraphs (I) and (II) of this paragraph (a).

(a.3) Except as otherwise provided in paragraph (a) of subsection (1) of this section concerning sex offenses against children, if the victim at the time of the commission of an offense or delinquent act is a child under eighteen years of age, the period of time during which an adult person or juvenile may be prosecuted shall be ten years after such victim reaches the age of eighteen years as to any offense or delinquent act:

(I) Charged as a felony under section 18-3-402, C click for info.R.S., section 18-3-403, C.R.S., as said section existed prior to July 1, 2000, or section 18-3-404, C.R.S.; or

(II) Charged as criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in subparagraph (I) of this paragraph (a.3).

(a.5) Except as otherwise provided in paragraph (a) of subsection (1) of this section concerning sex offenses against children, in any case in which the identity of the defendant or juvenile is determined, in whole or in part, by patterned chemical structure of genetic information, and in which the offense has been reported to a law enforcement agency, as defined in section 26-1-114(3) (a) (III) (B), C.R.S., within ten years after the commission of the offense, there shall be no limit on the period of time during which a person may be prosecuted after the commission of the offense as to any offense or delinquent act charged:

(I) Under section 18-3-402, C.R.S.;

(II) Under section 18-3-403, C.R.S., as said section existed prior to July 1, 2000;

(III) Under any other criminal statute if the offense is a felony or would be a felony if committed by an adult and is based on the same act or series of acts arising from the same criminal episode as the offense or delinquent act charged in subparagraph (I) of this paragraph (a.5); except that this subparagraph (III) does not apply if the court finds that there is no probable cause for the offense or delinquent act charged in subparagraph (I) of this paragraph (a.5); or

(IV) As criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in subparagraph (I), (II), or (III) of this paragraph (a.5).

(b) This subsection (8) shall apply to offenses and delinquent acts committed on or after July 1, 1984; except that subparagraph (III) of paragraph (a.5) of this subsection (8) applies to offenses and delinquent acts committed on or after July 1, 2011.

(9) Notwithstanding the provisions of paragraph (a) of subsection (1) of this section, the period of time during which an adult person or juvenile may be prosecuted shall be five years after the commission of the offense or delinquent act as to a misdemeanor charged under section 18-3-404, C.R.S., or criminal attempt, conspiracy, or solicitation to commit such a misdemeanor. This subsection (9) shall apply to offenses and delinquent acts committed on or after January 1, 1986.

(10) Notwithstanding the provisions of paragraph (a) of subsection (1) of this section, the period of time during which an adult person or juvenile may be prosecuted shall be three years after the date of the affected election as to a charge of any violation of any provision of the “Fair Campaign Practices Act”, article 45 of title 1, C.R.S., or any criminal attempt, conspiracy, or solicitation to violate any provision of the “Fair Campaign Practices Act”. This subsection (10) shall apply to offenses and delinquent acts committed on or after July 1, 1991.

(11) Notwithstanding the provisions of paragraph (a) of subsection (1) of this section, the period of time during which an adult person or juvenile may be prosecuted shall be three years after the discovery of the offense or delinquent act as to any offense or delinquent act charged under section 18-4-408, C.R.S. This subsection (11) shall apply to offenses and delinquent acts committed on or after July 1, 1998.

(12) The applicable period of limitations specified in subsection (1) of this section shall not apply to charges of offenses or delinquent acts brought to facilitate the disposition of a case, or to lesser included or non-included charges of offenses or delinquent acts given to the court or a jury at a trial on the merits, by the accused.



The 2016 CHANGES To The Old Law (Changes in Caps)

16-5-401. Limitation for Commencing Criminal Proceedings and Juvenile Delinquency Proceedings.

(6) Except as otherwise provided in paragraph (a) of subsection (1) of this section pertaining to sex offenses against children OR FELONY SEXUAL ASSAULT IN VIOLATION OF SECTION 18-3-402, C.R.S., the period of time during which an adult person or juvenile may be prosecuted shall be extended for an additional seven years as to any offense or delinquent act charged under section 18-3-402 or SECTION 18-6-403, C.R.S., or charged as criminal attempt, conspiracy, or solicitation to commit any of the acts specified in said sections.

(8) (a) Except as otherwise provided in paragraph (a) of subsection (1) of this section pertaining to sex offenses against children OR FELONY SEXUAL ASSAULT IN VIOLATION OF SECTION 18-3-402, C.R.S.,and except as otherwise provided in paragraphs (a.3) and (a.5) of this subsection (8), the period of time during which an adult person or juvenile may be prosecuted shall be ten years after the commission of the offense or delinquent act as to any offense or delinquent act:

(I) Charged under section 18-3-402, C.R.S., section 18-3-403, C.R.S., as said section existed prior to July 1, 2000, or section 18-6-403,C.R.S.;

(II) Charged as a felony under section 18-3-404, C.R.S.; or

(III) Charged as criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in subparagraphs (I) and (II) of this paragraph (a).

(a.3) Except as otherwise provided in paragraph (a) of subsection -2- 1260 (1) of this section 1 concerning sex offenses against children OR FELONY SEXUAL ASSAULT IN VIOLATION OF SECTION 18-3-402, C.R.S., if the victim at the time of the commission of an offense or delinquent act is a child 4 under eighteen years of age, the period of time during which an adult person or juvenile may be prosecuted shall be ten years after such victim reaches the age of eighteen years as to any offense or delinquent act:

(I) Charged as a felony under section 18-3-402, C.R.S., section 18-3-403, C.R.S., as said section existed prior to July 1, 2000, or section 18-3-404, C.R.S.; or

(II) Charged as criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in subparagraph (I) of this paragraph (a.3). (a.5) Except as otherwise provided in paragraph (a) of subsection

(1) of this section concerning sex offenses against children OR FELONY SEXUAL ASSAULT IN VIOLATION OF SECTION 18-3-402, C.R.S., in any case in which the identity of the defendant or juvenile is determined, in whole or in part, by patterned chemical structure of genetic information, and in which the offense has been reported to a law enforcement agency, as defined in section 26-1-114 (3) (a) (III) (B), C.R.S., within ten years after the commission of the offense, there shall be no limit on the period of time during which a person may be prosecuted after the commission of the offense as to any offense or delinquent act charged:

(I) Under section 18-3-402, C.R.S.;

(II) Under section 18-3-403, C.R.S., as said section existed prior to July 1, 2000; OR

(III) Under any other criminal statute if the offense is a felony or would be a felony if committed by an adult and is based on the same act or series of acts arising from 1 the same criminal episode as the offense or delinquent act charged in subparagraph (I) of this paragraph (a.5); except that this subparagraph (III) does not apply if the court finds that there is no probable cause for the offense or delinquent act charged in subparagraph (I) of this paragraph (a.5); or

(IV) As criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in subparagraph (I), (II), or (III) SUBPARAGRAPH (II) of this paragraph (a.5).

(a.7) (I) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (a) OF SUBSECTION (1) OF THIS SECTION PERTAINING TO SEX OFFENSES AGAINST CHILDREN AND EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPHS (a.3) AND (a.5) OF THIS SUBSECTION (8), THE PERIOD OF TIME DURING WHICH AN ADULT PERSON OR JUVENILE MAY BE PROSECUTED SHALL BE TWENTY YEARS AFTER THE COMMISSION OF THE OFFENSE OR DELINQUENT ACT AS TO ANY OFFENSE OR DELINQUENT ACT CHARGED AS A FELONY UNDER SECTION 18-3-402, C.R.S., OR AS CRIMINAL ATTEMPT, CONSPIRACY, OR SOLICITATION TO COMMIT A FELONY UNDER SECTION 18-3-402, C.R.S.

(II) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (a) OF SUBSECTION (1) OF THIS SECTION CONCERNING SEX OFFENSES AGAINST CHILDREN, IF THE VICTIM AT THE TIME OF THE COMMISSION OF AN OFFENSE OR DELINQUENT ACT IS A CHILD UNDER EIGHTEEN YEARS OF AGE, THE PERIOD OF TIME DURING WHICH AN ADULT PERSON OR JUVENILE MAY BE PROSECUTED SHALL BE TWENTY YEARS AFTER SUCH VICTIM REACHES EIGHTEEN YEARS OF AGE AS TO ANY OFFENSE OR DELINQUENT ACT CHARGED AS A FELONY UNDER SECTION 18-3-402, C.R.S., OR AS CRIMINAL ATTEMPT, CONSPIRACY, OR SOLICITATION TO COMMIT A FELONY UNDER SECTION 18-3-402, C.R.S.

(III) EXCEPT AS OTHERWISE 1 PROVIDED IN PARAGRAPH (a) OF SUBSECTION (1) OF THIS SECTION CONCERNING SEX OFFENSES AGAINST CHILDREN, IN ANY CASE IN WHICH THE IDENTITY OF THE DEFENDANT OR JUVENILE IS DETERMINED, IN WHOLE OR IN PART, BY PATTERNED CHEMICAL STRUCTURE OF GENETIC INFORMATION, AND IN WHICH THE OFFENSE HAS BEEN REPORTED TO A LAW ENFORCEMENT AGENCY, AS DEFINED IN SECTION 26-1-114 (3) (a) (III) (B), C.R.S., WITHIN TWENTY YEARS AFTER THE COMMISSION OF THE OFFENSE, THERE SHALL BE NO LIMIT ON THE PERIOD OF TIME DURING WHICH A PERSON MAY BE PROSECUTED AFTER THE COMMISSION OF THE OFFENSE:

(A) AS TO ANY OFFENSE OR DELINQUENT ACT CHARGED AS A FELONY UNDER SECTION 18-3-402, C.R.S.;

(B) UNDER ANY OTHER CRIMINAL STATUTE IF THE OFFENSE IS A FELONY OR WOULD BE A FELONY IF COMMITTED BY AN ADULT AND IS BASED ON THE SAME ACT OR SERIES OF ACTS ARISING FROM THE SAME CRIMINAL EPISODE AS THE OFFENSE OR DELINQUENT ACT CHARGED AS A FELONY UNDER SECTION 18-3-402, C.R.S.; EXCEPT THAT THIS SUB-SUBPARAGRAPH (B) DOES NOT APPLY IF THE COURT FINDS THAT THERE IS NO PROBABLE CAUSE FOR THE FELONY UNDER SECTION 18-3-402, C.R.S.; OR

(C) AS TO CRIMINAL ATTEMPT, CONSPIRACY, OR SOLICITATION TO COMMIT ANY OF THE OFFENSES IN THIS SUBPARAGRAPH (III).

SECTION 2. Effective date – applicability. This act takes effect July 1, 2016, and applies to offenses committed on or after said date.

SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.



Finally Colorado’s Sex Assault Law Summarized – 18-3-402

C.R.S. 18-3-402 Prohibits Sexual Assault.

The statute provides that a person commits sexual assault if the person knowingly inflicts sexual intrusion or penetration on a victim if:

a. the person causes the victim to submit by means of sufficient consequence reasonably calculated to cause submission against the victim’s will or

b. the person knows that the victim is incapable of appraising what the perpetrator is doing or

c. the person knows that the victim erroneously believes the person is the victim’s spouse or

d. at the time of the commission of the act the victim is less than 15 and the person is at least 4 years older than the victim and is not the spouse of the victim or

e. at the time of the commission of the act the victim is at least 15 but less than 17 or

f. the person has authority over the victim and uses his position of authority to coerce the victim or

g. the person while purporting to offer some medical service engages in some sort of treatment or examination for some other reason than a bona fide medical purpose.

Colorado Statute Of Limitations 16-5-401 For Adult Sexual Assault Doubles In 2016

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If, after reading this article, you have questions about your case and would like to consider retaining our law firm, we invite you to contact us at the Steinberg Colorado Criminal Defense Law Firm – 303-627-7777.

Never stop fighting – never stop believing in yourself and your right to due process of law. You will not be alone in court, H. Michael at your side every step of the way – advocating for justice and the best possible result in your case.

ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at hmsteinberg@hotmail.com – A Denver Colorado Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277. Attorney H. Michael Steinberg is passionate about criminal defense. His extensive knowledge and experience of Colorado Criminal Law gives him the edge you need to properly handle your case.

“A good criminal defense lawyer is someone who devotes themselves to their client’s case from beginning to end, always realizing that this case is the most important thing in that client’s life.”

You should be careful to make a responsible choice in selecting a Colorado Criminal Defense Lawyer – and we encourage you to “vet” our firm. Over the last 30 plus years – by focusing ONLY on Colorado criminal law – H. Michael has had the necessary time to commit to the task of constantly updating himself on nearly every area of criminal law, to include Colorado criminal law and procedure and trial and courtroom practice. H. Michael works hard to get his clients the best possible results in and out of the courtroom. He has written, and continues to write, extensively on Colorado criminal law and he hopes this article helps you in some small way – Colorado Statute Of Limitations 16-5-401 For Adult Sexual Assault Doubles In 2016,

Summary
Colorado Statute Of Limitations 16-5-401 For Adult Sexual Assault Doubles In 2016
Article Name
Colorado Statute Of Limitations 16-5-401 For Adult Sexual Assault Doubles In 2016
Description
- In 2016, for crimes occurring on or after July 1, 2016 the State of Colorado has doubled the statute of limitations to 20 years. The statute of limitations for adult (non children ) had preciously been 10 years.
Author

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