§ 16-11.7-102 — Definitions

Colorado § 16-11.7-102

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Standardized Treatment Program

Text

As used in this article 11.7, unless the context
otherwise requires:

(1) Adult sex offender means a person who has been convicted, as
described in subsection (2)(a)(I), (2)(a)(II), or (2)(a)(IV) of this section, of a sex
offense, but does not include a person who meets the definition of a juvenile who
has committed a sexual offense, as defined in subsection (1.5) of this section,
unless the person has also been convicted of a sex offense committed on or after
the day the person attained eighteen years of age or who is sentenced for a sex
offense on or after the day the person attained twenty-one years of age.

(1.3) Board means the sex offender management board created in section
16-11.7-103.

(1.5) Juvenile who has committed a sexual offense means a juvenile who
was less than eighteen years of age at the time of the sex offense and who has
been adjudicated as a juvenile or who receives a deferred adjudication or who is
sentenced prior to attaining twenty-one years of age after being criminally
convicted in the district court pursuant to section 19-2-517 or 19-2-518 on or after
July 1, 2002, or section 19-2.5-801 or 19-2.5-802 on or after October 1, 2021, for an
offense that would constitute a sex offense, as defined in subsection (3) of this
section, if committed as an adult, or a juvenile who has committed any offense, the
underlying factual basis of which involves a sex offense.

(2) (a) Sex offender means any person who is:

(I) Convicted in the state of Colorado on or after January 1, 1994, of any sex
offense as defined in subsection (3) of this section;

(II) Convicted in the state of Colorado on or after July 1, 2000, of any criminal
offense, the underlying factual basis of which involves a sex offense;

(III) A juvenile who has committed a sexual offense; or

(IV) A person who:

(A) Was evaluated because of a discretionary request by a prosecuting
attorney or court pursuant to section 16-11-102; and

(B) A court determines should undergo sex offender treatment based upon
the recommendations of the evaluation and identification pursuant to section 16-11.7-104; and

(C) Is convicted in the state of Colorado on or after January 1, 1994, of any
criminal offense and, if the person has previously been convicted of a sex offense
as defined in subsection (3) of this section, in the state of Colorado; or if the person
has previously been convicted in any other jurisdiction of any offense that would
constitute a sex offense as defined in subsection (3) of this section; or if the person
has a history of any sex offenses as defined in subsection (3) of this section.

(b) For purposes of this subsection (2), any person who receives a deferred
judgment or deferred sentence for the offenses specified in this subsection (2) is
deemed convicted.

(3) Sex offense means any felony or misdemeanor offense described in
this subsection (3) as follows:

(a) (I) Sexual assault, in violation of section 18-3-402, C.R.S.; or

(II) Sexual assault in the first degree, in violation of section 18-3-402, C.R.S.,
as it existed prior to July 1, 2000;

(b) Sexual assault in the second degree, in violation of section 18-3-403,
C.R.S., as it existed prior to July 1, 2000;

(c) (I) Unlawful sexual contact, in violation of section 18-3-404, C.R.S.; or

(II) Sexual assault in the third degree, in violation of section 18-3-404, C.R.S.,
as it existed prior to July 1, 2000;

(d) Sexual assault on a child, in violation of section 18-3-405, C.R.S.;

(e) Sexual assault on a child by one in a position of trust, in violation of
section 18-3-405.3, C.R.S.;

(f) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.;

(g) Enticement of a child, in violation of section 18-3-305, C.R.S.;

(h) Incest, in violation of section 18-6-301, C.R.S.;

(i) Aggravated incest, in violation of section 18-6-302, C.R.S.;

(j) Human trafficking of a minor for sexual servitude, as described in section
18-3-504 (2), C.R.S.;

(k) Sexual exploitation of children, in violation of section 18-6-403, C.R.S.;

(l) Procurement of a child for sexual exploitation, in violation of section 18-6-404, C.R.S.;

(m) Indecent exposure, in violation of section 18-7-302, C.R.S.;

(n) Soliciting for child prostitution, in violation of section 18-7-402, C.R.S.;

(o) Pandering of a child, in violation of section 18-7-403, C.R.S.;

(p) Procurement of a child, in violation of section 18-7-403.5, C.R.S.;

(q) Keeping a place of child prostitution, in violation of section 18-7-404,
C.R.S.;

(r) Pimping of a child, in violation of section 18-7-405, C.R.S.;

(s) Inducement of child prostitution, in violation of section 18-7-405.5, C.R.S.;

(t) Patronizing a prostituted child, in violation of section 18-7-406, C.R.S.;

(u) Criminal attempt, conspiracy, or solicitation to commit any of the
offenses specified in this subsection (3);

(v) Class 4 felony internet luring of a child, in violation of section 18-3-306
(3), C.R.S.;

(w) Internet sexual exploitation of a child in violation of section 18-3-405.4,
C.R.S.;

(x) Public indecency, committed in violation of section 18-7-301 (2)(b), if a
second offense is committed within five years of the previous offense or a third or
subsequent offense is committed;

(y) Invasion of privacy for sexual gratification, as described in section 18-3-405.6;

(z) Unlawful electronic sexual communication, in violation of section 18-3-418; or

(aa) Unlawful sexual conduct by a peace officer, in violation of section 18-3-405.7.

(4) Treatment means therapy, monitoring, and supervision of any sex
offender which conforms to the standards created by the board pursuant to section
16-11.7-103.

Legislative History

Source: L. 92: Entire article added, p. 455, � 3, effective June 2. L. 95: (4) amended, p. 465, � 10, effective July 1. L. 97: (2) amended, p. 1554, � 8, effective July 1. L. 98: (1) amended, p. 402, � 11, effective April 21. L. 2000: (2) amended, p. 920, � 9, effective July 1; (3)(a), (3)(b), and (3)(c) amended, p. 702, � 23, effective July 1. L. 2006: (3)(t) amended and (3)(v) and (3)(w) added, p. 2054, � 1, effective July 1. L. 2010: (3)(j) amended, (SB 10-140), ch. 156, p. 537, � 5, effective April 21; (3)(v) and (3)(w) amended and (3)(y) added, (SB 10-128), ch. 415, p. 2048, � 9, effective July 1; (3)(v) and (3)(w) amended and (3)(x) added, (HB 10-1334), ch. 359, p. 1709, � 4, effective August 11. L. 2011: (1) and (2)(a)(IV) amended and (1.3) and (1.5) added, (HB 11- 1138), ch. 236, p. 1015, � 2, effective May 27. L. 2014: (3)(j) amended, (HB 14-1273), ch. 282, p. 1153, � 11, effective July 1. L. 2019: IP, (3)(x), and (3)(y) amended and (3)(z) added (HB 19-1030), ch. 145, p. 1759, � 2, effective July 1; IP, (3)(x), and (3)(y) amended and (3)(aa) added (HB 19-1250), ch. 287, p. 2663, � 2, effective July 1. L. 2023: (1), (1.5), and (2)(a) amended, (SB 23-164), ch. 349, p. 2085, � 2, effective June 5. L. 2024: (1) amended, (HB 24-1450), ch. 490, p. 3408, � 23, effective August 7.