Colorado Springs Sex Crimes Lawyer
Colorado Springs Sex Crimes Defense
On This Page
- Accused of a Sex Crime in Colorado Springs?
- Indecent Exposure
- Prostitution, Solicitation, and Patronizing
- Unlawful Sexual Contact
- Sexual Assault
- Sentencing for Felony Sex Offenses
- Sex Offender Registration
- Bond, Protection Orders, and Pretrial Conditions
- How Sex Crime Cases Are Investigated
- How Sex Crime Charges Are Defended
- Consequences Beyond the Sentence
- Working With a Colorado Springs Sex Crimes Lawyer
- Frequently Asked Questions
- Sources
Accused of a Sex Crime in Colorado Springs?
An accusation of a sex crime can upend a person's life before any court hears the evidence. Arrests are often public, protection orders can bar a person from their home, and employers and family members may react to the accusation alone. A conviction can bring prison, lifetime supervision, and sex offender registration.
Sex crime charges in Colorado range from petty offenses, such as soliciting for prostitution, to serious felonies with indeterminate prison sentences. The difference between them often depends on facts that are disputed, such as consent, the ages of the people involved, and whether force was used.
This page explains the most common sex crime charges in Colorado, the penalties, sex offender registration, and how these cases are defended in El Paso County and the surrounding counties.
If You Are Being Investigated
- Do not talk to police without a lawyer, including in a "pretext" phone call or message from the accuser, which police sometimes arrange and record.
- Do not contact the accuser or their family.
- Preserve messages, photos, and location data that show the history of the relationship and the events in question.
- Do not delete anything from phones, computers, or accounts.
Indecent Exposure
Under C.R.S. 18-7-302, a person commits indecent exposure by knowingly exposing their genitals to the view of any person under circumstances likely to cause affront or alarm, with intent to arouse or satisfy the sexual desire of any person. Knowingly masturbating in a way that exposes the act to view, under circumstances likely to cause affront or alarm, is also indecent exposure.
- Indecent exposure is a class 1 misdemeanor, punishable by up to 364 days in jail and a fine of up to $1,000.
- It becomes a class 6 felony after two prior convictions for indecent exposure or a comparable offense, or when an adult knowingly exposes themselves to a child under 15 and is more than four years older than the child.
Indecent exposure is considered unlawful sexual behavior, so a conviction usually requires sex offender registration and evaluation. That makes the charge far more serious than its misdemeanor classification suggests. Public urination and similar conduct without sexual intent do not meet the definition, and the intent element is often central in these cases.
Prostitution, Solicitation, and Patronizing
Colorado has several offenses related to commercial sex:
| Offense | Conduct | Classification |
|---|---|---|
| Prostitution (C.R.S. 18-7-201) | Performing, offering, or agreeing to perform a sex act in exchange for money or something of value | Petty offense |
| Soliciting for prostitution (C.R.S. 18-7-202) | Soliciting another person for prostitution, or arranging or directing someone to a meeting for prostitution | Petty offense, plus a possible fine of up to $5,000 |
| Patronizing a prostitute (C.R.S. 18-7-205) | Engaging in a sex act with a prostitute, or entering or remaining in a place of prostitution with that intent | Petty offense, plus a possible fine of up to $5,000 |
Many of these cases arise from undercover sting operations, often arranged online. Pimping, pandering, and offenses involving minors are far more serious felonies, and any case involving a person under 18 is charged under separate child sexual exploitation and trafficking laws.
Even though these are petty offenses, a conviction creates a public record that can affect employment and immigration status, so these cases are worth defending even when the classification is low.
Unlawful Sexual Contact
Under C.R.S. 18-3-404, a person commits unlawful sexual contact by knowingly subjecting another person to sexual contact when, for example:
- the person knows the victim does not consent;
- the person knows the victim is incapable of appraising the nature of the conduct;
- the victim is physically helpless and the person knows it; or
- the person substantially impairs the victim with a drug or intoxicant without consent.
"Sexual contact" generally means knowing touching of intimate parts, directly or over clothing, for sexual arousal, gratification, or abuse. Unlawful sexual contact is a class 1 misdemeanor. It becomes a class 4 felony, with mandatory crime of violence sentencing in some cases, when it is accomplished by force, intimidation, or threats.
These cases often arise from parties, bars, workplaces, and dating situations, and they frequently turn on consent and credibility.
Sexual Assault
Under C.R.S. 18-3-402, sexual assault involves sexual intrusion or penetration under circumstances such as lack of consent, the victim's incapacity, or the use of a drug or intoxicant. The classification depends on the circumstances:
| Circumstances | Classification |
|---|---|
| Base offense | Class 4 felony |
| Victim 15 or 16, actor at least 10 years older and not the spouse | Class 6 felony |
| Physical force, threats of imminent harm, threats of future retaliation, impairment by drugs or intoxicants, or a physically helpless victim | Class 3 felony |
| Aided by others, serious bodily injury, or use of a deadly weapon | Class 2 felony |
Offenses involving children under 15 are charged under separate statutes, such as sexual assault on a child, and carry their own penalties. Those cases require particularly careful handling from the start.
Sentencing for Felony Sex Offenses
Colorado's Lifetime Supervision Act, C.R.S. 18-1.3-1004, applies to many class 2, 3, and 4 felony sex offenses. Instead of a fixed term, the court imposes an indeterminate sentence:
- Prison: a minimum term of at least the bottom of the presumptive range, and a maximum of the person's natural life. Release depends on the parole board and progress in treatment.
- Probation: in eligible cases, indeterminate probation with a minimum of at least 10 years for a class 4 felony or 20 years for a class 2 or 3 felony, and a maximum of life, with intensive supervision.
- Treatment: sex offender treatment is required as part of the sentence.
Higher minimums apply for crimes of violence and certain offenses involving young children. Because the consequences are so significant, the charges and the plea options in these cases require careful analysis.
Sex Offender Registration
Under the Colorado Sex Offender Registration Act, people convicted of unlawful sexual behavior, including indecent exposure, unlawful sexual contact, and sexual assault, must generally register with local law enforcement, such as the Colorado Springs Police Department or the El Paso County Sheriff's Office. Registration includes regular re-registration, address reporting, and in some cases internet posting.
Under C.R.S. 16-22-113, many people can petition to stop registering after a waiting period, measured from the end of their sentence, with no new sex-related convictions:
- 20 years for class 1, 2, or 3 felonies;
- 10 years for class 4, 5, or 6 felonies and class 1 misdemeanor unlawful sexual contact;
- 5 years for other misdemeanors; and
- after successful completion of a deferred judgment that ends in dismissal.
Some people cannot petition and must register for life, including sexually violent predators, adults convicted of sexual assault or sexual assault on a child, and adults with more than one conviction for unlawful sexual behavior. Failure to register is a separate crime.
Bond, Protection Orders, and Pretrial Conditions
Sex crime charges usually bring strict pretrial conditions. Common conditions include no contact with the accuser or witnesses, no contact with minors other than one's own children in some cases, restrictions on internet use, GPS monitoring, and a prohibition on firearms. For many people, the most immediate challenge is the effect of these conditions on their home, job, and family.
A lawyer can ask the court to set a reasonable bond and to modify conditions that are broader than necessary, such as restrictions that prevent contact with one's own children when there is no allegation involving them. Strict compliance with every condition is essential, because violations can lead to revocation of bond and new charges.
Online Sting Operations
Some prostitution and solicitation cases begin with undercover officers posting or responding to online advertisements and messages. The resulting cases rely heavily on the written communications. The exact words used, who raised which topics, and whether an agreement was actually reached are central questions. Cases in which officers pose as minors are charged under separate and far more serious statutes, and they require immediate legal advice.
How Sex Crime Cases Are Investigated
- Interviews and pretext calls. Police often interview the accuser and may arrange a recorded call or message to the accused.
- Forensic examinations. Sexual assault nurse examiners may collect evidence and document injuries.
- Digital evidence. Text messages, dating app conversations, social media, and location data are central in most cases.
- Undercover operations. Prostitution and some internet cases arise from sting operations.
- Delayed reports. Some allegations are reported months or years later, which affects the available evidence.
How Sex Crime Charges Are Defended
No lawyer can promise a particular result, but these are the issues that come up most often.
Consent
Many sex crime cases turn on whether there was consent. Messages before and after the encounter, witness accounts, and the history of the relationship often provide important context.
Credibility and Motive
Allegations sometimes arise during breakups, custody disputes, or other conflicts. Inconsistent statements and motives to fabricate or exaggerate are carefully examined.
Intent
Indecent exposure requires intent to arouse or satisfy sexual desire. Unlawful sexual contact requires that the touching be for a sexual purpose. Accidental contact or exposure without sexual intent is not a crime under these statutes.
Entrapment and Sting Procedures
Undercover operations must follow legal limits. Records of the communications and the officers' conduct are reviewed for problems.
Forensic Evidence
DNA, medical findings, and digital forensics can support or undermine the prosecution's account, and they are often reviewed by independent analysts.
Charge and Plea Strategy
Because registration and lifetime supervision attach to certain offenses, the specific charge in a plea agreement can matter more than the sentence. Negotiating for a non-sex offense or a deferred judgment can avoid registration in some cases.
Consequences Beyond the Sentence
- Registration and the public listing that can come with it.
- Housing and employment restrictions, including limits on jobs involving children or vulnerable adults.
- Family court. Sex offense allegations can affect custody and parenting time.
- Immigration. Many sex offenses are deportable offenses. Non-citizens should get advice before any plea.
- Military members. Service members at Fort Carson, Peterson and Schriever Space Force Bases, and the Air Force Academy may face separation and military proceedings.
- Your record. Convictions involving unlawful sexual behavior generally cannot be sealed. See our record sealing page.
Working With a Colorado Springs Sex Crimes Lawyer
Attorney Michael W. Moran has been licensed to practice law in Colorado since 1995 and is a former municipal court judge. He represents people accused of indecent exposure, prostitution-related offenses, unlawful sexual contact, and sexual assault in El Paso, Teller, Pueblo, and Fremont counties.
These cases are handled with discretion. A first meeting covers the allegation, any contact with police, the evidence, registration issues, and the realistic outcomes.
Criminal Defense Colorado Springs, P.C. offers free, confidential consultations.
Frequently Asked Questions
Is indecent exposure a felony in Colorado?
Usually it is a class 1 misdemeanor. It becomes a class 6 felony after two prior convictions or when an adult knowingly exposes themselves to a child under 15 who is more than four years younger.
Do you have to register as a sex offender for indecent exposure in Colorado?
Generally, yes. Indecent exposure is unlawful sexual behavior, and a conviction usually requires registration, though some people can later petition to stop registering.
What are Colorado's prostitution laws?
Prostitution, soliciting for prostitution, and patronizing a prostitute are petty offenses, and soliciting and patronizing can carry an additional fine of up to $5,000. Offenses involving minors, pimping, and pandering are serious felonies.
Can I get off the sex offender registry in Colorado?
Many people can petition after 5, 10, or 20 years, depending on the offense, or after completing a deferred judgment. Some people, including adults convicted of sexual assault, must register for life.
What is an indeterminate sentence?
For many felony sex offenses, Colorado imposes a sentence with a minimum term and a maximum of life. Release depends on the parole board and progress in treatment.
Should I respond to messages from the person accusing me?
No. Messages may be part of a police investigation, and contact can violate a protection order. Save the messages and give them to your lawyer.
Will my name be made public if I am charged with a sex crime?
Arrests and court filings are generally public records. Some cases receive media attention, but many do not. A lawyer can address the case discreetly and, in some situations, seek outcomes that limit the long-term public record.
Sources
- C.R.S. 18-7-302, Indecent exposure
- C.R.S. 18-7-201, Prostitution
- C.R.S. 18-7-202, Soliciting for prostitution
- C.R.S. 18-7-205, Patronizing a prostitute
- C.R.S. 18-3-404, Unlawful sexual contact
- C.R.S. 18-3-402, Sexual assault
- C.R.S. 18-1.3-1004, Indeterminate sentencing for sex offenders
- C.R.S. 16-22-113, Petition to discontinue registration
get help now
Request a free consultation