reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 3 - KIDNAPPING (§§ 18-3-301 — 18-3-306) › Section 18-3-301 - First degree kidnapping

(1)
Any person who does any of the following acts with the intent thereby to force the victim or any other person to make any concession or give up anything of value in order to secure a release of a person under the offender's actual or apparent control commits first degree kidnapping:
(a)
Forcibly seizes and carries any person from one place to another; or
(b)
Entices or persuades any person to go from one place to another; or
(c)
Imprisons or forcibly secretes any person.
(2)
Whoever commits first degree kidnapping is guilty of a class 1 felony if the person kidnapped shall have suffered bodily injury; but no person convicted of first degree kidnapping shall suffer the death penalty if the person kidnapped was liberated alive prior to the conviction of the kidnapper.
(3)
Whoever commits first degree kidnapping commits a class 2 felony if, prior to his conviction, the person kidnapped was liberated unharmed.
L. 71: R&RE, p. 421, § 1. C.R.S. 1963: § 40-3-301.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 3 - KIDNAPPING (§§ 18-3-301 — 18-3-306) › Section 18-3-302 - Second degree kidnapping

(1)
A person who knowingly seizes and carries a person from one place to another, without the person's consent and without lawful justification, and such movement increases the risk of harm to the person, commits second degree kidnapping.
(2)
Any person who takes, entices, or decoys away any child not his own under the age of eighteen years with intent to keep or conceal the child from his parent or guardian or with intent to sell, trade, or barter such child for consideration commits second degree kidnapping.
(3)
Second degree kidnapping is a class 2 felony if any of the following circumstances exist:
(a)
The person kidnapped is a victim of a sexual offense pursuant to part 4 of this article 3;
(b)
The person kidnapped is a victim of a robbery; or
(c)
The kidnapping was a violation of subsection (2) of this section.
(4)
(a)
Unless it is a class 2 felony under subsection (3) of this section, second degree kidnapping is a class 3 felony if any of the following circumstances exist:
(I)
The kidnapping is accomplished with intent to sell, trade, or barter the victim for consideration; or
(II)
The kidnapping is accomplished by the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or
(III)
The kidnapping is accomplished by the perpetrator representing verbally or otherwise that he or she is armed with a deadly weapon.
(b)
A defendant convicted of second degree kidnapping committed under any of the circumstances set forth in this subsection (4) shall be sentenced by the court in accordance with the provisions of section
18-1.3-406
.
(5)
Second degree kidnapping is a class 4 felony, except as provided in subsections (3) and (4) of this section.
Amended by 2023 Ch. 298,§ 6, eff. 10/1/2023.
L. 71: R&RE, p. 421, § 1. C.R.S. 1963:§ 40-3-302. L. 77:Entire section R&RE, p. 961, § 13, effective July 1. L. 81:Entire section R&RE, p. 983, § 1, effective July 1. L. 86:(4) amended, p. 777, § 5, effective July 1. L. 87:(1) amended, p. 615, § 4, effective July 1. L. 89:(2) and (4) amended, p. 902, §§ 1, 2, effective July 1. L. 2000:(4) amended, p. 694, § 6, effective July 1. L. 2001:(3), (4), and (5) amended, p. 857, § 2, effective July 1. L. 2002:(4)(b) amended, p. 1512, § 188, effective October 1. L. 2003:(3)(a) amended, p. 1432, § 20, effective April 29. L. 2007:(4) amended, p. 1687, § 5, effective July 1. L. 2023:(1) and (3) amended,(HB 23-1293), ch. 298, p. 1784, § 6, effective October 1.
For the legislative declaration contained in the 2002 act amending subsection (4)(b), see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 3 - KIDNAPPING (§§ 18-3-301 — 18-3-306) › Section 18-3-303 - False imprisonment

(1)
Any person who knowingly confines or detains another without the other's consent and without proper legal authority commits false imprisonment. This section does not apply to a peace officer acting in good faith within the scope of his or her duties.
(2)
False imprisonment is a class 2 misdemeanor; except that false imprisonment is a class 5 felony if:
(a)
(I)
The person uses force or threat of force to confine or detain the other person; and
(II)
The person confines or detains the other person for twelve hours or longer; or
(b)
(I)
The person confines or detains another person less than eighteen years of age in a locked or barricaded room under circumstances that cause bodily injury or serious emotional distress; and
(II)
Such confinement or detention was part of a continued pattern of cruel punishment or unreasonable isolation or confinement of the child; or
(c)
The person confines or detains another person less than eighteen years of age by means of tying, caging, chaining, or otherwise using similar physical restraints to restrict that person's freedom of movement under circumstances that cause bodily injury or serious emotional distress.
(3)
Notwithstanding section
13-90-107
or any other provision of law, the statutory privilege between a patient and a physician or between an individual and his or her spouse is not available for the purpose of excluding or refusing testimony in any prosecution for a violation of this section where the conditions described in subsection (2)(b) or (2)(c) of this section are alleged.
(4)
Nothing in this section limits the ability of a person to assert the affirmative defense described in section
18-1-703
.
Amended by 2018 Ch. 299,§ 1, eff. 8/8/2018.
L. 71: R&RE, p. 422, § 1. C.R.S. 1963: § 40-3-303. L. 77: Entire section amended, p. 961, § 14, effective July 1. L. 2002: Entire section amended, p. 1579, § 3, effective July 1. L. 2018: Entire section amended, (SB 18-119), ch. 299, p. 1821, § 1, effective August 8.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 3 - KIDNAPPING (§§ 18-3-301 — 18-3-306) › Section 18-3-304 - Violation of custody order or order relating to parental responsibilities

(1)
Except as otherwise provided in subsection (2.5) of this section, any person, including a natural or foster parent, who, knowing that he or she has no privilege to do so or heedless in that regard, takes or entices any child under the age of eighteen years from the custody or care of the child's parents, guardian, or other lawful custodian or person with parental responsibilities with respect to the child commits a class 5 felony.
(2)
Except as otherwise provided in subsection (2.5) of this section, any parent or other person who violates an order of any district or juvenile court of this state, granting the custody of a child or parental responsibilities with respect to a child under the age of eighteen years to any person, agency, or institution, with the intent to deprive the lawful custodian or person with parental responsibilities of the custody or care of a child under the age of eighteen years, commits a class 5 felony.
(2.5)
Any person who, in the course of committing the offenses described in subsections (1) and (2) of this section, removes a child under the age of eighteen years from this country commits a class 4 felony.
(3)
It shall be an affirmative defense either that the offender reasonably believed that his conduct was necessary to preserve the child from danger to his welfare, or that the child, being at the time more than fourteen years old, was taken away at his own instigation without enticement and without purpose to commit a criminal offense with or against the child.
(4)
Any criminal action charged pursuant to this section may be tried in either the county where the act is committed or in which the court issuing the orders granting custody or allocating parental responsibilities is located, if such court is within this state.
(5)
Repealed.
L. 71: R&RE, p. 422, § 1. C.R.S. 1963: § 40-3-304. L. 85: (4) amended, p. 618, § 11, effective July 1. L. 86: (5) added, p. 779, § 1, effective April 3. L. 98: (1) and (2) amended and (2.5) added, p. 1442, § 27, effective July 1; (1), (2), and (4) amended, p. 1403, § 56, effective 2/1/1999.
(1) Subsection (5)(c) provided for the repeal of subsection (5), effective December 2, 1986. (See L. 86, p. 779.)
(2) Amendments made to subsections (1) and (2) by House Bill 98-1160 and House Bill 98-1183 were harmonized, effective February 1, 1999.
For affirmative defenses generally, see §§ 18-1-407 , 18-1-710 , and 18-1-805 .
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 3 - KIDNAPPING (§§ 18-3-301 — 18-3-306) › Section 18-3-305 - Enticement of a child

(1)
A person commits the crime of enticement of a child if he or she invites or persuades, or attempts to invite or persuade, a child under the age of fifteen years to enter any vehicle, building, room, or secluded place with the intent to commit sexual assault or unlawful sexual contact upon said child. It is not necessary to a prosecution for attempt under this subsection (1) that the child have perceived the defendant's act of enticement.
(2)
Enticement of a child is a class 4 felony. It is a class 3 felony if the defendant has a previous conviction for enticement of a child or sexual assault on a child or for conspiracy to commit or the attempted commission of either offense, or if the enticement of a child results in bodily injury to that child.
(3)
When a person is convicted, pleads nolo contendere, or receives a deferred sentence for a violation of the provisions of this section and the court knows the person is a current or former employee of a school district in this state or holds a license or authorization pursuant to the provisions of article
60.5
of title
22
, C.R.S., the court shall report such fact to the department of education.
L. 85: Entire section added, p. 715, § 2, June 7. L. 87: (2) amended, p. 606, § 12, effective July 1. L. 90: (3) added, p. 1025, § 5, effective July 1. L. 2000: (1) amended, p. 711, § 48, effective July 1; (3) amended, p. 1846, § 30, effective August 2.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 3 - KIDNAPPING (§§ 18-3-301 — 18-3-306) › Section 18-3-306 - Internet luring of a child

(1)
An actor commits internet luring of a child if the actor knowingly communicates over a computer or computer network, telephone network, or data network or by a text message or instant message to a person who the actor knows or believes to be under fifteen years of age and, in that communication or in any subsequent communication by computer, computer network, telephone network, data network, text message, or instant message, describes explicit sexual conduct as defined in section
18-6-403 (2)(e)
, and, in connection with that description, makes a statement persuading or inviting the person to meet the actor for any purpose, and the actor is more than four years older than the person or than the age the actor believes the person to be.
(2)
It shall not be a defense to this section that a meeting did not occur.
(a)
and
(b)
(Deleted by amendment, L. 2007, p. 1688, § 8, effective July 1, 2007.)
(3)
Internet luring of a child is a class 5 felony; except that luring of a child is a class 4 felony if committed with the intent to meet for the purpose of engaging in sexual exploitation as defined in section
18-6-403
or sexual contact as defined in section
18-3-401
.
(4)
For purposes of this section, "in connection with" means communications that further, advance, promote, or have a continuity of purpose and may occur before, during, or after the invitation to meet.
L. 2006: Entire section added, p. 2055, § 4, effective July 1. L. 2007: (1) and (2) amended, p. 1688, § 8, effective July 1. L. 2009: (1) amended, (HB 09 -1132), ch. 341, p. 1792, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 4 - UNLAWFUL SEXUAL BEHAVIOR (§§ 18-3-401 — 18-3-418) › Section 18-3-403 - [Repealed]

L. 75: Entire part R&RE, p. 628, § 1, effective July 1. L. 77: IP(1) amended, p. 962, § 16, effective July 1. L. 83: (1)(b) and (2) amended, p. 698, § 2, effective July 1. L. 88: (1)(e) amended, p. 725, § 1, effective July 1. L. 90: (1)(f) repealed, p. 1033, § 25, effective July 1. L. 99: (1)(e.5) added and (2) amended, p. 347, §§ 1, 2, effective July 1. L. 2000: Entire section repealed, p. 700, § 19, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 4 - UNLAWFUL SEXUAL BEHAVIOR (§§ 18-3-401 — 18-3-418) › Section 18-3-405.4 - Internet sexual exploitation of a child

(1)
An actor commits internet sexual exploitation of a child if the actor knowingly importunes, invites, or entices through communication via a computer network or system, telephone network, or data network or by a text message or instant message, a person whom the actor knows or believes to be under fifteen years of age and at least four years younger than the actor, to:
(a)
Expose or touch the person's own or another person's intimate parts while communicating with the actor via a computer network or system, telephone network, or data network or by a text message or instant message; or
(b)
Observe the actor's intimate parts via a computer network or system, telephone network, or data network or by a text message or instant message.
(2)
(Deleted by amendment, L. 2009, (HB 09-1163), ch. 1797, p. 1797, § 1, effective July 1, 2009.)
(3)
Internet sexual exploitation of a child is a class 4 felony.
L. 2006: Entire section added, p. 2056, § 5, effective July 1. L. 2009: Entire section amended, (HB 09 -1163), ch. 343, p. 1797, § 1, effective July 1; (1) amended, (HB 09 -1132), ch. 341, p. 1793, § 3, effective July 1.
Amendments to subsection (1) by House Bill 09-1163 and House Bill 09-1132 were harmonized.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 4 - UNLAWFUL SEXUAL BEHAVIOR (§§ 18-3-401 — 18-3-418) › Section 18-3-405.6 - Invasion of privacy for sexual gratification

(1)
A person who knowingly observes or takes a photograph of another person's intimate parts without that person's consent, in a situation where the person observed or photographed has a reasonable expectation of privacy, for the purpose of the observer's own sexual gratification, commits unlawful invasion of privacy for sexual gratification.
(2)
(a)
Except as otherwise provided in subsection (2)(b) of this section, invasion of privacy for sexual gratification is a class 1 misdemeanor.
(b)
Invasion of privacy for sexual gratification is a class 6 felony and is an extraordinary risk crime subject to the modified sentencing range specified in section
18-1.3-401 (10)
if either of the following circumstances exist:
(I)
The offense is committed subsequent to a prior conviction, as defined in section
16-22-102 (3)
, C.R.S., for unlawful sexual behavior as defined in section
16-22-102 (9)
, C.R.S.; or
(II)
The person observes or takes a photograph of the intimate parts of a person under fifteen years of age. This subparagraph (II) shall not apply if the defendant is less than four years older than the person observed or photographed.
(3)
For purposes of this section, "photograph" includes a photograph, motion picture, videotape, live feed, print, negative, slide, or other mechanically, electronically, or chemically produced or reproduced visual material.
Amended by 2022 Ch. 68, § 21, eff. 3/1/2022.
L. 2010: Entire section added, (SB 10 -128), ch. 415, p. 2045, § 2, effective 7/1/2012.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 4 - UNLAWFUL SEXUAL BEHAVIOR (§§ 18-3-401 — 18-3-418) › Section 18-3-405.7 - Unlawful sexual conduct by a peace officer - definition

(1)
A peace officer commits unlawful sexual conduct by a peace officer by knowingly engaging in sexual contact, sexual intrusion, or sexual penetration under any of the following circumstances:
(a)
In the same encounter, the peace officer contacts the victim for the purpose of law enforcement or contacts the victim in the exercise of the officer's employment activities or duties;
(b)
The peace officer knows that the victim is, or causes the victim to believe that he or she is, the subject of an active investigation, and the peace officer uses that knowledge to further the sexual contact, intrusion, or penetration; or
(c)
In furtherance of sexual contact, intrusion, or penetration, the peace officer makes any show of real or apparent authority.
(2)
(a)
Unlawful sexual conduct by a peace officer under circumstances when the victim is subject to sexual contact is a class 4 felony.
(b)
Unlawful sexual conduct by a peace officer under circumstances in which sexual intrusion or penetration is inflicted on the victim is a class 3 felony.
(3)
For the purposes of this section, unless the context otherwise requires, "peace officer" means any person described in article
2.5
of title
16
.
(4)
It is not a defense to this section that the victim consented to the sexual contact, intrusion, or penetration.
(5)
This section does not apply to sexual contact or intrusion that occurs incident to a lawful search.
Added by 2019 Ch. 287,§ 1, eff. 7/1/2019.
L. 2019: Entire section added, (HB 19-1250), ch. 2662, p. 2662, § 1, effective July 1.
Section 8 of chapter 287 (HB 19-1250), Session Laws of Colorado 2019, provides that the act adding this section applies to offenses committed on or after July 1, 2019.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 4 - UNLAWFUL SEXUAL BEHAVIOR (§§ 18-3-401 — 18-3-418) › Section 18-3-406 - [Repealed]

L. 75: Entire part R&RE, p. 630, § 1, effective July 1. L. 2001: Entire section repealed, p. 859, § 5, effective July 1.
Current provisions relating to criminality of conduct are contained in §
18-1-503.5
.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 4 - UNLAWFUL SEXUAL BEHAVIOR (§§ 18-3-401 — 18-3-418) › Section 18-3-407.9 - Forensic nurse examiners - telehealth program - creation - appropriation

(1)
There is created in the division of criminal justice in the department of public safety the forensic nurse examiners telehealth program, referred to in this section as the "program". Telehealth is an important way to offer medical support, especially in the rural parts of Colorado, from experienced forensic nurse examiners, sexual assault nurse examiners, and other health-care providers. Forensic nurse examiners can collaborate during a forensic medical examination with emergency department nurses and doctors at remote sites in real time regardless of location in the state. This helps increase the access to competent forensic examinations and care for victims of crime.
(2)
The general assembly shall appropriate money from the economic recovery and relief cash fund, created in section
24-75-228
, as enacted by Senate Bill 21-291, enacted in 2021, to the division of criminal justice in the department of public safety to be used for the programs and purposes described in this section that also conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended. The division of criminal justice in the department of public safety may use up to five percent of any money appropriated by the general assembly pursuant to this subsection (2) for development and administrative costs incurred pursuant to this subsection (2).
Added by 2021 Ch. 291, § 3, eff. 6/22/2021.
L. 2021: Entire section added, (SB 21-292), ch. 1721, p. 1721, § 3, effective June 22.
Section 10 of chapter 291 (SB 21-292), Session Laws of Colorado 2021, provides that the act adding this section takes effect only if SB 21-288 and SB 21-291 become law and takes effect either upon the effective date of SB 21-292 or one day after the passage of SB 21-288 or one day after the passage of SB 21-291, whichever is latest. SB 21-292 became law and took effect June 22, 2021, SB 21-288 became law and took effect June 11, 2021, and SB 21-291 became law and took effect June 21, 2021.
For the legislative declaration in SB 21-292, see section 1 of chapter 291, Session Laws of Colorado 2021.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 4 - UNLAWFUL SEXUAL BEHAVIOR (§§ 18-3-401 — 18-3-418) › Section 18-3-408 - Jury instruction prohibited

In any criminal prosecution under sections
18-3-402
to
18-3-405
, or for attempt or conspiracy to commit any crime under sections
18-3-402
to
18-3-405
, the jury shall not be instructed to examine with caution the testimony of the victim solely because of the nature of the charge, nor shall the jury be instructed that such a charge is easy to make but difficult to defend against, nor shall any similar instruction be given. However, the jury shall be instructed not to allow gender bias or any kind of prejudice based upon gender to influence the decision of the jury.
L. 75: Entire part R&RE, p. 631, § 1, effective July 1. L. 90: Entire section amended, p. 925, § 8, effective March 27.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 4 - UNLAWFUL SEXUAL BEHAVIOR (§§ 18-3-401 — 18-3-418) › Section 18-3-408.5 - Jury instruction on consent - when required

(1)
In any criminal prosecution for a crime listed in subsection (2) of this section or for attempt or conspiracy to commit a crime listed in subsection (2) of this section, upon request of any party to the proceedings, the jury shall be instructed on the definition of consent as set forth in section
18-3-401
(1.5). Notwithstanding the provisions of section
18-1-505 (4)
, an instruction on the definition of consent given pursuant to this section shall not constitute an affirmative defense, but shall only act as a defense to the elements of the offense.
(2)
The provisions of subsection (1) of this section shall apply to the following crimes:
(a)
Sexual assault as described in section
18-3-402 (1)(a)
;
(b)
Sexual assault as described in section
18-3-402 (1)(b), (1)(c), or (1)(e)
, as they existed prior to July 1, 2000, for offenses committed prior to July 1, 2000;
(c)
Sexual assault in the second degree as described in section
18-3-403 (1)(a) or (1)(b)
, as they existed prior to July 1, 2000, for offenses committed prior to July 1, 2000;
(d)
Unlawful sexual contact as described in section
18-3-404 (1)(a), (1)(c), or (1)(d)
;
(e)
Unlawful sexual contact as described in section
18-3-404
(1.7), as it existed prior to July 1, 2010, for offenses committed prior to July 1, 2010;
(f)
Invasion of privacy for sexual gratification as described in section
18-3-405.6
; or
(g)
Criminal invasion of privacy in violation of section
18-7-801
.
L. 92: Entire section added, p. 322, § 4, effective July 1. L. 2002: Entire section amended, p. 757, § 1, effective July 1. L. 2010: Entire section amended, (SB 10 -128), ch. 415, p. 2047, § 7, effective 7/1/2012.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 4 - UNLAWFUL SEXUAL BEHAVIOR (§§ 18-3-401 — 18-3-418) › Section 18-3-409 - Marital defense

Any marital relationship, whether established statutorily, putatively, or by common law, between an actor and a victim shall not be a defense to any offense under this part 4 unless such defense is specifically set forth in the applicable statutory section by having the elements of the offense specifically exclude a spouse.
L. 75: Entire part R&RE, p. 631, § 1, effective July 1. L. 88: Entire section R&RE, p. 725, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 4 - UNLAWFUL SEXUAL BEHAVIOR (§§ 18-3-401 — 18-3-418) › Section 18-3-410 - Medical exception

The provisions of this part 4 shall not apply to any act performed for bona fide medical purposes if such act is performed in a manner which is not inconsistent with reasonable medical practices.
L. 75: Entire part R&RE, p. 631, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 4 - UNLAWFUL SEXUAL BEHAVIOR (§§ 18-3-401 — 18-3-418) › Section 18-3-412.6 - Failure to verify location as a sex offender

(1)
A person who is required to register pursuant to article
22
of title
16
, C.R.S., and who lacks a fixed residence, as defined in that article, and who fails to comply with the provisions of section
16-22-109
(3.5)(c)(I) or
16-22-109
(3.5)(c)(II), C.R.S., commits the offense of failure to verify location as a sex offender.
(2)
(a)
In a prosecution for a violation of this section, it is an affirmative defense that:
(I)
Uncontrollable circumstances prevented the person from complying; and
(II)
The person did not contribute to the creation of the circumstances in reckless disregard of the requirement to comply; and
(III)
The person complied as soon as the circumstances ceased to exist.
(b)
In order to assert the affirmative defense pursuant to this subsection (2), the defendant shall provide notice to the prosecuting attorney as soon as practicable, but not later than thirty days prior to trial, of his or her notice of intent to rely upon the affirmative defense. The notice shall include a description of the uncontrollable circumstance or circumstances and the dates that the uncontrollable circumstances began and ceased to exist in addition to the names and addresses of any witnesses the defendant plans to call to support the affirmative defense. The prosecuting attorney shall advise the defendant of the names and addresses of any additional witnesses who may be called to refute the affirmative defense as soon as practicable after their names become known. Upon the request of the prosecution, the court shall first rule as a matter of law whether the claimed facts and circumstances would, if established, constitute sufficient evidence to support submission to the jury.
(3)
Failure to verify location as a sex offender is a class 2 misdemeanor.
(4)
Failure to verify location as a sex offender is not a sexual offense subject to the provisions of sections
16-11.7-104
and
16-11.7-105
, C.R.S., and, notwithstanding any other provision of law to the contrary, offenders convicted of a violation of this section are not eligible for probation pursuant to part 2 of article
1.3
of this title.
Amended by 2021 Ch. 462, § 199, eff. 3/1/2022.
L. 2012: Entire section added, (HB 12-1346), ch. 945, p. 945, § 6, effective July 1. L. 2021: (3) amended, (SB 21-271), ch. 3174, p. 3174, § 199, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 4 - UNLAWFUL SEXUAL BEHAVIOR (§§ 18-3-401 — 18-3-418) › Section 18-3-413 - Video tape depositions - children - victims of sexual offenses

(1)
When a defendant has been charged with an unlawful sexual offense, as defined in section
18-3-411(1)
, or incest, as defined in section
18-6-301
, and when the victim at the time of the commission of the act is a child less than fifteen years of age, the prosecution may apply to the court for an order that a deposition be taken of the victim's testimony and that the deposition be recorded and preserved on video tape.
(2)
The prosecution shall apply for the order in writing at least three days prior to the taking of the deposition. The defendant shall receive reasonable notice of the taking of the deposition.
(3)
Upon timely receipt of the application, the court shall make a preliminary finding regarding whether, at the time of trial, the victim is likely to be medically unavailable or otherwise unavailable within the meaning of rule 804 (a) of the Colorado rules of evidence. Such finding shall be based on, but not be limited to, recommendations from the child's therapist or any other person having direct contact with the child, whose recommendations are based on specific behavioral indicators exhibited by the child. If the court so finds, it shall order that the deposition be taken, pursuant to rule 15 (d) of the Colorado rules of criminal procedure, and preserved on video tape. The prosecution shall transmit the video tape to the clerk of the court in which the action is pending.
(4)
If at the time of trial the court finds that further testimony would cause the victim emotional trauma so that the victim is medically unavailable or otherwise unavailable within the meaning of rule 804 (a) of the Colorado rules of evidence, the court may admit the video tape of the victim's deposition as former testimony under rule 804 (b)(1) of the Colorado rules of evidence.
(5)
Nothing in this section shall prevent the admission into evidence of any videotaped statements of children which would qualify for admission pursuant to section
13-25-129
, C.R.S., or any other statute or rule of evidence.
L. 83: Entire section added, p. 694, § 4, effective June 15. L. 91: (5) added, p. 406, § 12, effective June 6. L. 2003: (1) amended, p. 974, § 6, effective April 17.
For provisions concerning video tape depositions of victims of child abuse that are similar to the provisions of this section, see § 18-6-401.3.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 4 - UNLAWFUL SEXUAL BEHAVIOR (§§ 18-3-401 — 18-3-418) › Section 18-3-413.5 - [Repealed]

L. 96: Entire section added, p. 677, § 1, effective May 2. L. 2003: IP(1)(a) amended, p. 974, § 7, effective April 17. L. 2004: (2)(a)(V) amended, p. 1380, § 7, effective July 1. L. 2005: Entire section repealed, p. 427, § 8, effective April 29.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 4 - UNLAWFUL SEXUAL BEHAVIOR (§§ 18-3-401 — 18-3-418) › Section 18-3-414 - Payment of treatment costs for the victim or victims of a sexual offense against a child

(1)
In addition to any other penalty provided by law, the court may order any person who is convicted of an unlawful sexual offense, as defined in section
18-3-411(1)
, or of incest, as defined in section
18-6-301
, when the victim was under the age of fifteen at the time of the commission of the offense, to meet all or any portion of the financial obligations of treatment prescribed for the victim or victims of his or her offense.
(2)
At the time of sentencing, the court may order that an offender described in subsection (1) of this section be put on a period of probation for the purpose of paying the treatment costs of the victim or victims.
L. 83: Entire section added, p. 694, § 5, effective June 15. L. 2003: Entire section amended, p. 974, § 8, effective April 17.
For provisions concerning payment of treatment costs for child abuse victims that are similar to the provisions of this section, see § 18-6-401.4.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 4 - UNLAWFUL SEXUAL BEHAVIOR (§§ 18-3-401 — 18-3-418) › Section 18-3-415 - Testing for persons charged with sexual offense

The court shall order any adult or juvenile who is bound over for trial for any sexual offense involving sexual penetration as defined in section
18-3-401(6)
, subsequent to a preliminary hearing or after having waived the right to a preliminary hearing, or any person who is indicted for or is convicted of any such offense, to submit to a diagnostic test for a sexually transmitted infection pursuant to section
18-3-415.5
. The results of the diagnostic test must be reported to the court or the court's designee, who shall then disclose the results to any victim of the sexual offense who requests such disclosure. Review and disclosure of diagnostic test results by the courts are closed and confidential, and any transaction records relating thereto are also closed and confidential. Disclosure of diagnostic test results must comply with the requirements of section
25-4-410(2)
, C.R.S. If the person who is bound over for trial or who is indicted for or convicted of any such offense voluntarily submits to a diagnostic test for sexually transmitted infections, the fact of such person's voluntary submission is admissible in mitigation of sentence if the person is convicted of the charged offense.
Amended by 2016 Ch. 230,§ 9, eff. 7/1/2016.
L. 88: Entire section added, p. 728, § 1, effective July 1. L. 93: Entire section amended, p. 1731, § 16, effective July 1. L. 99: Entire section amended, p. 1003, § 10, effective May 29. L. 2000: Entire section amended, p. 451, § 1, effective April 24. L. 2016: Entire section amended, (SB 16-146), ch. 230, p. 916, § 9, effective July 1.
(1) For the provision allowing the test to be done without the knowledge and consent of the person, see § 25-4-410(1)(b). (2) For the legislative declaration contained in the 1999 act amending this section, see section 1 of chapter 254, Session Laws of Colorado 1999.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 4 - UNLAWFUL SEXUAL BEHAVIOR (§§ 18-3-401 — 18-3-418) › Section 18-3-416 - Reports of convictions to department of education

When a person is convicted, pleads nolo contendere, or receives a deferred sentence for a violation of the provisions of this part 4 when the victim is a child and the court knows the person is a current or former employee of a school district in this state or holds a license or authorization pursuant to the provisions of article
60.5
of title
22
, C.R.S., the court shall report such fact to the department of education.
L. 90: Entire section added, p. 1025, § 6, effective July 1. L. 2000: Entire section amended, p. 1847, § 31, effective August 2.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 4 - UNLAWFUL SEXUAL BEHAVIOR (§§ 18-3-401 — 18-3-418) › Section 18-3-417 - Reports of sexual assault by applicants, registrants, or licensed professionals

When the director of the division of professions and occupations or a board or commission within the division of professions and occupations in the department of regulatory agencies refers a case to the office of expedited settlement or the office of the attorney general for disciplinary action related to an alleged offense described in this part 4, the office of expedited settlement or the office of the attorney general shall forward the victim's contact information to a victim's advocate in the office of the attorney general. The victim's advocate shall make reasonable efforts to advise the victim of the right to pursue criminal action, the right to pursue civil action, the applicable statutes of limitations, and contact information for the police, sheriff, and community-based resources in the jurisdiction where the alleged offense occurred. This provision shall not prohibit additional reporting of criminal offenses by the attorney general.
L. 2007: Entire section added, p. 1109, § 1, effective May 23.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 4 - UNLAWFUL SEXUAL BEHAVIOR (§§ 18-3-401 — 18-3-418) › Section 18-3-418 - Unlawful electronic sexual communication - person in a position of trust - definitions

(1)
An actor commits unlawful electronic sexual communication if the actor knowingly importunes, invites, or entices through communication via a computer network or system, telephone network, or data network or by a text message or instant message a person whom the actor knows or believes to be fifteen years of age or older but less than eighteen years of age and at least four years younger than the actor, and the actor committing the offense is one in a position of trust with respect to that person, to:
(a)
Expose or touch the person's own or another person's intimate parts while communicating with the actor via a computer network or system, telephone network, or data network or by a text message or instant message; or
(b)
Observe the actor's intimate parts via a computer network or system, telephone network, or data network or by a text message or instant message.
(2)
An actor commits unlawful electronic sexual communication if the actor knowingly communicates over a computer or computer network, telephone network, or data network or by a text message or instant message to a person the actor knows or believes to be fifteen years of age or older but less than eighteen years of age and at least four years younger than the actor and, in that communication or in any subsequent communication by computer or computer network, telephone network, or data network or by text message or instant message, describes explicit sexual conduct as defined in section
18-6-403(2)(e)
and, in connection with that description, makes a statement persuading or inviting the person to meet the actor for any purpose, and the actor committing the offense is one in a position of trust with respect to that person.
(3)
As used in this section, unless the context otherwise requires:
(a)
"Explicit sexual conduct" has the same meaning as section
18-6-403(2)(e)
.
(b)
"In connection with" means communications that further, advance, promote, or have a continuity of purpose and may occur before, during, or after the invitation to meet.
(c)
"Position of trust" has the same meaning as section
18-3-401
(3.5).
(4)
(a)
Unlawful electronic sexual communication in violation of subsection (1) of this section is a class 6 felony.
(b)
Unlawful electronic sexual communication in violation of subsection (2) of this section is a class 6 felony; except that unlawful electronic sexual communication is a class 5 felony if committed with the intent to meet for the purpose of engaging in sexual exploitation as defined in section
18-6-403
or sexual contact as defined in section
18-3-401
.
Added by 2019 Ch. 145,§ 1, eff. 7/1/2019.
L. 2019: Entire section added, (HB 19-1030), ch. 1758, p. 1758, § 1, effective July 1.
Section 5 of chapter 145 (HB 19-1030), Session Laws of Colorado 2019, provides that the act adding this section applies to offenses committed on or after July 1, 2019.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 5 - HUMAN TRAFFICKING AND SLAVERY (§§ 18-3-501 — 18-3-505) › Section 18-3-501 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
Human trafficking constitutes a serious problem in Colorado and across the nation;
(b)
Human trafficking is abhorrent to a civilized society and deserving of the most diligent response from the state;
(c)
Human trafficking often involves minors who have been forced into involuntary servitude and commercial sexual activity;
(d)
Human trafficking can take many forms but generally includes the use of physical abuse, threats of harm, or fear of other consequences to prevent victims from reporting the activity; and
(e)
Human trafficking creates a cycle of violence, impacting victims, families, and communities.
(2)
The general assembly further finds and declares that:
(a)
Legislation is required to combat this despicable practice, to make it easier to prosecute and punish persons who engage in human trafficking, and to protect the victims; and
(b)
The general assembly supports a comprehensive approach to combating human trafficking, which approach includes prevention, protection, prosecution, and partnerships.
(3)
Now, therefore, the general assembly joins the federal government and other states around the nation in passing legislation in order to combat human trafficking and protect the victims.
Entire part 5 repealed and reenacted by 2014 Ch. 282,§ 1, eff. 7/1/2014.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 5 - HUMAN TRAFFICKING AND SLAVERY (§§ 18-3-501 — 18-3-505) › Section 18-3-503 - Human trafficking for involuntary servitude - human trafficking of a minor for involuntary servitude

(1)
A person who knowingly sells, recruits, harbors, transports, transfers, isolates, entices, provides, receives, or obtains by any means another person for the purpose of coercing the other person to perform labor or services commits human trafficking for involuntary servitude.
(2)
Human trafficking for involuntary servitude is a class 3 felony; except that human trafficking of a minor for involuntary servitude is a class 2 felony.
(3)
It is an affirmative defense to a charge pursuant to this section if the person being charged, at the time of the offense, was a victim of human trafficking for involuntary servitude who was forced or coerced into engaging in human trafficking for involuntary servitude pursuant to this section.
Amended by 2024 Ch. 54,§ 3, eff. 4/11/2024.
Entire part 5 repealed and reenacted by 2014 Ch. 282, § 1, eff. 7/1/2014.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 5 - HUMAN TRAFFICKING AND SLAVERY (§§ 18-3-501 — 18-3-505) › Section 18-3-504 - Human trafficking for sexual servitude - human trafficking of a minor for sexual servitude

(1)
(a)
A person commits human trafficking for sexual servitude if the person knowingly sells, recruits, harbors, transports, transfers, isolates, entices, provides, receives, or obtains by any means another person for the purpose of coercing the person to engage in commercial sexual activity.
(b)
Human trafficking for sexual servitude is a class 3 felony.
(2)
(a)
A person commits human trafficking of a minor for sexual servitude if the person:
(I)
Knowingly sells, recruits, harbors, transports, transfers, isolates, entices, provides, receives, obtains by any means, maintains, or makes available a minor for the purpose of commercial sexual activity; or
(II)
Knowingly advertises, offers to sell, or sells travel services that facilitate an activity prohibited pursuant to subsection (2)(a)(I) of this section.
(b)
Human trafficking of a minor for sexual servitude is a class 2 felony. The court shall sentence a person convicted of such a class 2 felony to the department of corrections for a term of at least the minimum of the presumptive range for a class 2 felony, as set forth in section
18-1.3-401
.
(c)
In any prosecution under this subsection (2), it is not a defense that:
(I)
The minor consented to being sold, recruited, harbored, transported, transferred, isolated, enticed, provided, received, obtained, or maintained by the defendant for the purpose of engaging in commercial sexual activity;
(II)
The minor consented to participating in commercial sexual activity;
(III)
The defendant did not know the minor's age or reasonably believed the minor to be eighteen years of age or older; or
(IV)
The minor or another person represented the minor to be eighteen years of age or older.
(2.5)
It is an affirmative defense to a charge pursuant to this section if the person being charged, at the time of the offense, was a victim of human trafficking for sexual servitude who was forced or coerced into engaging in human trafficking for sexual servitude pursuant to this section.
(3)
A person does not need to receive any of the proceeds of any commercial sexual activity to commit an offense described in this section.
(4)
Conviction for an offense described in this section does not preclude conviction for an offense described in article 6 or 7 of this title based in whole or in part on the same or related conduct, and the court shall not require the prosecution to elect at trial between such offenses.
Amended by 2024 Ch. 54,§ 4, eff. 4/11/2024.
Amended by 2019 Ch. 147, § 4, eff. 5/6/2019.
Amended by 2017 Ch. 250, § 2, eff. 9/1/2017.
Amended by 2017 Ch. 161, § 1, eff. 8/9/2017.
Entire part 5 repealed and reenacted by 2014 Ch. 282, § 1, eff. 7/1/2014.
For the legislative declaration in SB 19-185, see section 1 of chapter 147, Session Laws of Colorado 2019.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 6 - STALKING (§§ 18-3-601 — 18-3-602) › Section 18-3-601 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
Stalking is a serious problem in this state and nationwide;
(b)
Although stalking often involves persons who have had an intimate relationship with one another, it can also involve persons who have little or no past relationship;
(c)
A stalker will often maintain strong, unshakable, and irrational emotional feelings for his or her victim and may likewise believe that the victim either returns these feelings of affection or will do so if the stalker is persistent enough. Further, the stalker often maintains this belief, despite a trivial or nonexistent basis for it and despite rejection, lack of reciprocation, efforts to restrict or avoid the stalker, and other facts that conflict with this belief.
(d)
A stalker may also develop jealousy and animosity for persons who are in relationships with the victim, including family members, employers and co-workers, and friends, perceiving them as obstacles or as threats to the stalker's own "relationship" with the victim;
(e)
Because stalking involves highly inappropriate intensity, persistence, and possessiveness, it entails great unpredictability and creates great stress and fear for the victim;
(f)
Stalking involves severe intrusions on the victim's personal privacy and autonomy, with an immediate and long-lasting impact on quality of life as well as risks to security and safety of the victim and persons close to the victim, even in the absence of express threats of physical harm.
(2)
The general assembly hereby recognizes the seriousness posed by stalking and adopts the provisions of this part 6 with the goal of encouraging and authorizing effective intervention before stalking can escalate into behavior that has even more serious consequences.
L. 2010: Entire part added with relocations, (HB 10-1233), ch. 88, p. 293, §1, effective August 11.
This section is similar to former § 18-9-111 (4)(a) as it existed prior to 2010.