CO Code § 16-11.7-102 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 11.7 - Standardized Treatment Program for Sex Offenders|§ 16-11.7-102. Definitions

 As used in this article 11.7, unless the context otherwise requires:    “Adult sex offender” means a person who has been convicted, as described in subparagraphs (I) to (III) of paragraph   of subsection (2) of this section, of a sex offense. (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 has been adjudicated as a juvenile or who receives a deferred adjudication on or after July 1, 2002, 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.         “Sex offender” means any person who is:   Convicted in the state of Colorado, on or after January 1, 1994, of any sex offense as defined in subsection (3) of this section; or    Convicted in the state of Colorado on or after January 1, 1994, of any criminal offense, if such person has previously been convicted of a sex offense as described in subsection (3) of this section in the state of Colorado, or if such 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 such person has a history of any sex offenses as defined in subsection (3) of this section; or    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; or    A juvenile who has committed a sexual offense.       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.       “Sex offense” means any felony or misdemeanor offense described in this subsection (3) as follows:     Sexual assault, in violation of section 18-3-402, C.R.S.; or (a) (I) Sexual assault, in violation of section 18-3-402, C.R.S.; or    Sexual assault in the first degree, in violation of section 18-3-402, C.R.S., as it existed prior to July 1, 2000;       Sexual assault in the second degree, in violation of section 18-3-403, C.R.S., as it existed prior to July 1, 2000;      Unlawful sexual contact, in violation of section 18-3-404, C.R.S.; or (c) (I) Unlawful sexual contact, in violation of section 18-3-404, C.R.S.; or    Sexual assault in the third degree, in violation of section 18-3-404, C.R.S., as it existed prior to July 1, 2000;       Sexual assault on a child, in violation of section 18-3-405, C.R.S.;    Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.;    Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.;    Enticement of a child, in violation of section 18-3-305, C.R.S.;    Incest, in violation of section 18-6-301, C.R.S.;    Aggravated incest, in violation of section 18-6-302, C.R.S.;    Human trafficking of a minor for sexual servitude, as described in section 18-3-504 (2), C.R.S.;    Sexual exploitation of children, in violation of section 18-6-403, C.R.S.;    Procurement of a child for sexual exploitation, in violation of section 18-6-404, C.R.S.;    Indecent exposure, in violation of section 18-7-302, C.R.S.;    Soliciting for child prostitution, in violation of section 18-7-402, C.R.S.;    Pandering of a child, in violation of section 18-7-403, C.R.S.;    Procurement of a child, in violation of section 18-7-403.5, C.R.S.;    Keeping a place of child prostitution, in violation of section 18-7-404, C.R.S.;    Pimping of a child, in violation of section 18-7-405, C.R.S.;    Inducement of child prostitution, in violation of section 18-7-405.5, C.R.S.;    Patronizing a prostituted child, in violation of section 18-7-406, C.R.S.;    Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this subsection (3);    Class 4 felony internet luring of a child, in violation of section 18-3-306 (3), C.R.S.;    Internet sexual exploitation of a child in violation of section 18-3-405.4, C.R.S.;    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;    Invasion of privacy for sexual gratification, as described in section 18-3-405.6;    Unlawful electronic sexual communication, in violation of section 18-3-418; or    Unlawful sexual conduct by a peace officer, in violation of section 18-3-405.7.       “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.     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.    ANNOTATION   Even assuming that the department of corrections has authority to classify as a sex offender an inmate not found guilty of either a listed sex offense or an offense of which the underlying factual basis was a listed sex offense, due process requires that an inmate be afforded a hearing when the basis for such classification is not a listed sex offense of which the inmate stands convicted. Fisher v. Colo. Dept. of Corr., 56 P.3d 1210 (Colo. App. 2002).   The word “history” in the definition of “sex offender” can include the underlying circumstances of the offense. Thus, although the defendant pled guilty to contributing to the delinquency of a minor, she met the definition of a “sex offender” because she had engaged in soliciting for child prostitution, pandering of a child, procurement of a child for sexual exploitation, and inducement of child prostitution. The trial court therefore appropriately sentenced the defendant to treatment under the provisions of this article and required the defendant to register as a sex offender pursuant to § 18-3-412.5 . People v. Meidinger, 987 P.2d 937 (Colo. App. 1999).   Although the defendant met the definition of a “sex offender” based on the underlying facts of the offense, the court could not impose the sex offender surcharge pursuant to § 18-21-103 , where defendant pled guilty to contributing to the delinquency of a minor, an offense that is not a “sex offense” as defined in subsection (3). People v. Meidinger, 987 P.2d 937 (Colo. App. 1999).   Defendant who, in 1989, received a deferred sentence as a juvenile for a sexual offense had a “history” of a sex offense for purposes of subsection (2)(a)(II) and was properly evaluated as a sex offender and ordered to undergo sex offender treatment and supervision as a condition of probation for felony theft and menacing convictions. The juvenile adjudication provision in the statute is not the only way that a juvenile can meet the definition of “sex offender”. People v. Boling, 261 P.3d 503 (Colo. App. 2011).