(1) Crimes
against at-risk persons are as prescribed in this section.
(2) Any person whose conduct amounts to criminal negligence, as defined in
section 18-1-501 (3), commits:
(a) A class 4 felony if such negligence results in the death of an at-risk
person;
(b) A class 5 felony if such negligence results in serious bodily injury to an
at-risk person; and
(c) A class 6 felony if such negligence results in bodily injury to an at-risk
person.
(3) (a) Any person who commits a crime of assault in the first degree, as such
crime is described in section 18-3-202, and the victim is an at-risk person, commits
a class 4 felony if the circumstances described in section 18-3-202 (2)(a) are
present and a class 2 felony if such circumstances are not present.
(b) Any person who commits a crime of assault in the second degree, as such
crime is described in section 18-3-203, and the victim is an at-risk person, commits
a class 5 felony if the circumstances described in section 18-3-203 (2)(a) are
present and a class 3 felony if such circumstances are not present.
(c) Any person who commits a crime of assault in the third degree, as such
crime is described in section 18-3-204, and the victim is an at-risk person, commits
a class 6 felony.
(4) Any person who commits robbery, as such crime is described in section
18-4-301 (1), and the victim is an at-risk person, commits a class 3 felony. If the
offender is convicted of robbery of an at-risk person, the court shall sentence the
defendant to the department of corrections for at least the presumptive sentence
under section 18-1.3-401 (1).
(5) Any person who commits theft, and commits any element or portion of
the offense in the presence of the victim, as such crime is described in section 18-4-401 (1), and the victim is an at-risk person, or who commits theft against an at-risk
person while acting in a position of trust, whether or not in the presence of the
victim, or who commits theft against an at-risk person knowing the victim is an at-risk person, whether in the presence of the victim or not, commits a class 5 felony if
the value of the thing involved is less than five hundred dollars or a class 3 felony if
the value of the thing involved is five hundred dollars or more. Theft from the
person of an at-risk person by means other than the use of force, threat, or
intimidation is a class 4 felony without regard to the value of the thing taken.
(5.5) (Deleted by amendment, L. 2016.)
(6) (a) Any person who knowingly commits caretaker neglect against an at-risk person or knowingly acts in a manner likely to be injurious to the physical or
mental welfare of an at-risk person commits a class 1 misdemeanor.
(b) A person who unlawfully abandons an at-risk person commits a class 1
misdemeanor.
(7) (a) Any person who commits a crime of sexual assault, as such crime is
described in section 18-3-402, sexual assault in the first degree, as such crime was
described in section 18-3-402, as it existed prior to July 1, 2000, and the victim is an
at-risk person, commits a class 2 felony.
(b) Any person who commits a crime of sexual assault in the second degree,
as such crime was described in section 18-3-403, as it existed prior to July 1, 2000,
and the victim is an at-risk person, commits a class 3 felony.
(c) Any person who commits unlawful sexual contact, as such crime is
described in section 18-3-404, or sexual assault in the third degree, as such crime
was described in section 18-3-404, as it existed prior to July 1, 2000, and the victim
is an at-risk person, commits a class 6 felony; except that the person commits a
class 3 felony if the person compels the victim to submit by use of such force,
intimidation, or threat as specified in section 18-3-402 (4)(a), (4)(b), or (4)(c), or if the
actor engages in the conduct described in section 18-3-404 (1)(g) or (1.5).
(d) Any person who commits sexual assault on a child, as such crime is
described in section 18-3-405, and the victim is an at-risk juvenile, commits a class
3 felony; except that, if the circumstances described in section 18-3-405 (2)(a),
(2)(b), (2)(c), or (2)(d) are present, the person commits a class 2 felony.
(e) Any person who commits sexual assault on a child by one in a position of
trust, as such crime is described in section 18-3-405.3, and the victim is an at-risk
juvenile, commits a class 2 felony if the victim is less than fifteen years of age or a
class 3 felony if the victim is fifteen years of age or older but less than eighteen
years of age.
(f) Any person who commits sexual assault on a client by a psychotherapist,
as such crime is described in section 18-3-405.5, and the victim is an at-risk person,
commits a class 3 felony if the circumstances described in section 18-3-405.5 (1)
exist or a class 6 felony if such circumstances are not present.
(7.5) (a) A person commits criminal exploitation of an at-risk person when he
or she knowingly uses deception, harassment, intimidation, or undue influence to
permanently or temporarily deprive an at-risk person of the use, benefit, or
possession of any thing of value.
(b) Criminal exploitation of an at-risk person is a class 3 felony if the thing of
value is five hundred dollars or greater. Criminal exploitation of an at-risk person is
a class 5 felony if the thing of value is less than five hundred dollars.
(8) (Deleted by amendment, L. 2016.)
(9) (a) A person commits false imprisonment of an at-risk person if without
proper legal authority:
(I) (A) The person knowingly confines or detains an at-risk person in a locked
or barricaded room or other space; and
(B) Such confinement or detention was part of a continued pattern of cruel
punishment or unreasonable isolation or confinement of the at-risk person; or
(II) The person knowingly and unreasonably confines or detains an at-risk
person by tying, caging, chaining, or otherwise using similar physical restraints to
restrict the at-risk person's freedom of movement; or
(III) The person knowingly and unreasonably confines or detains an at-risk
person by means of force, threats, or intimidation designed to restrict the at-risk
person's freedom of movement.
(b) It is an affirmative defense for any person with responsibility for the care
or supervision of an at-risk person whose conduct would otherwise constitute an
offense pursuant to subsection (9)(a)(II) of this section that the conduct with
respect to the at-risk person is reasonable and appropriate under the
circumstances and is also reasonably necessary to promote the safety and welfare
of the at-risk person.
(c) (I) False imprisonment of an at-risk person pursuant to subsection (9)(a)(I)
or (9)(a)(II) of this section is a class 6 felony.
(II) False imprisonment of an at-risk person pursuant to subsection (9)(a)(III)
of this section is a class 1 misdemeanor.