The proposed bill introduces significant changes to the sentencing and probation provisions for individuals convicted of sexual assault on a child in Colorado. Here's a comparison with the previous law:
Current Law:
Sexual Assault on a Child (Class 4 Felony):
Definition: Engaging in sexual contact with a victim under 15 years of age, with the actor being at least four years older than the victim.
Penalties: Presumptive range of 2 to 6 years of imprisonment. Courts may sentence to probation for an indeterminate period, ranging from 10 years to the offender's natural life.
Sexual Assault on a Child by One in a Position of Trust (Class 4 Felony):
Definition: The actor is in a position of trust with respect to the victim, and the victim is 15 years of age or older but under 18.
Penalties: Presumptive range of 2 to 6 years of imprisonment. Courts may sentence to probation for an indeterminate period, ranging from 10 years to the offender's natural life.
Sexual Assault on a Child by One in a Position of Trust (Class 3 Felony):
Definition: The offense is committed as part of a pattern of sexual abuse, or the victim is less than 15 years of age.
Penalties: Presumptive range of 4 to 12 years of imprisonment. Courts may sentence to probation for an indeterminate period, ranging from 20 years to the offender's natural life.
Proposed Changes:
Mandatory Incarceration:
Courts are required to sentence offenders to an indeterminate term of incarceration, with a minimum of the presumptive range minimum and a maximum of the offender's natural life.
Elimination of Probation Option:
The bill prohibits courts from sentencing these offenders to probation.
Implications:
Increased Incarceration: The bill mandates a minimum term of incarceration, removing the possibility of probation for these offenses.
Enhanced Public Safety: By eliminating probation, the bill aims to ensure that offenders serve a substantial period in prison, potentially reducing the risk of reoffending.
Judicial Discretion: The bill limits judicial discretion by removing the option for probation, potentially leading to longer sentences for offenders.
Summary
Under current law, sexual assault on a child is a class 4 felony if
the victim is under 15 years of age, the actor is at least 4 years older than the victim, and specified aggravating circumstances do not apply. Sexual assault on a child by one in a position of trust is a class 4 felony if the actor is in a position of trust with respect to the victim, the victim is 15 years of age or older but under 18 years of age, and the offense is not committed as part of a pattern of sexual abuse. If the offense is committed as part of a pattern of sexual abuse or the victim is less than 15 years of age, sexual assault on a child by one in a position of trust is a class 3 felony.
The presumptive range of penalties for a class 4 felony under
current law is 2 to 6 years of imprisonment. The presumptive range of penalties for a class 3 felony under current law is 4 to 12 years of imprisonment. Under current law, a court shall sentence a sex offender to an indeterminate term in the custody of the department of corrections that can range from the applicable presumptive range minimum to a maximum of the sex offender's natural life. However, current law permits the court to sentence a sex offender to probation for an indeterminate period that can range from 10 years for a class 4 felony and 20 years for a class 3 felony to a maximum of the sex offender's natural life.
The bill requires a court to sentence an offender convicted of a
class 4 felony sexual assault on a child or sexual assault on a child by one in a position of trust to an indeterminate term of incarceration that can range from the presumptive range minimum of 2 years to a maximum of the offender's natural life. The bill requires a court to sentence an offender convicted of a class 3 felony sexual assault on a child by one in a position of trust when the child is less than 15 years of age to an indeterminate term of incarceration that can range from the presumptive range minimum of 4 years to a maximum of the offender's natural life. The bill prohibits a court from sentencing these types of offenders to probation.
