Sexual Assault on a Child is charged in Fort Collins and Larimer County when a person has sexual contact with a child 14 years old or younger and the person is at least 4 years older than the child. A man who previously pled to Attempted Sexual Assault on a Child is now wanted for Failure to Register. According to the report, he is designated a Sexually Violent Predator and has also violated his parole. So, what does it mean to be designated a Sexually Violent Predator? Let’s find out.
Sexual Assault on a Child in Larimer County – Definition of Sex Assault on a Child in Colorado
The Larimer County, Colorado law definition of Sexual Assault on a Child – C.R.S. 18-3-405 – is:
Unlike a Sexual Assault charge where the victim is an adult, this crime requires ANY type of sexual contact, not just intrusion or penetration. According to the Colorado law, Sexual Contact means:
(b) The knowing emission or ejaculation of seminal fluid onto any body part of the victim or the clothing covering any body part of the victim; or
(c) Knowingly causing semen, blood, urine, feces, or a bodily substance to contact any body part of the victim or the clothing covering any body part of the victim if that contact with semen, blood, urine, feces, or a bodily substance is for the purpose of sexual arousal, gratification, or abuse.
So, for example, Sex Assault on a Child would be charged if a 17-year-old guy touched the butt of a 13-year-old girl (consent doesn’t matter – age and type of contact are the only factors). However, if that 17-year-old guy touched the butt of a 17-year-old girl and she claimed that she didn’t consent, he would instead be facing a misdemeanor charge of Unlawful Sexual Contact.
What Does Sexually Violent Predator Mean in Loveland and Estes Park?
Now that we know the elements of the crime the man pled to, let’s look at the Sexually Violent Predator criteria:
- Who is eighteen years of age or older as of the date the offense is committed or who is less than eighteen years of age as of the date the offense is committed but is tried as an adult pursuant to section 19-2-517 or 19-2-518, C.R.S.;
- Who has been convicted on or after July 1, 1999, of one of the following offenses, or of an attempt, solicitation, or conspiracy to commit one of the following offenses, committed on or after July 1, 1997:
- Sexual assault, in violation of section 18-3-402 or sexual assault in the first degree, in violation of section 18-3-402, as it existed prior to July 1, 2000;
- Sexual assault in the second degree, in violation of section 18-3-403, as it existed prior to July 1, 2000;
- Unlawful sexual contact, in violation of section 18-3-404 (1.5) or (2) or sexual assault in the third degree, in violation of section 18-3-404 (1.5) or (2), as it existed prior to July 1, 2000;
- Sexual assault on a child, in violation of section 18-3-405; or
- Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3;
- Whose victim was a stranger to the offender or a person with whom the offender established or promoted a relationship primarily for the purpose of sexual victimization; and
- Who, based upon the results of a risk assessment screening instrument developed by the division of criminal justice in consultation with and approved by the sex offender management board established pursuant to section 16-11.7-103 (1), C.R.S., is likely to subsequently commit one or more of the offenses specified in subparagraph (II) of this paragraph (a) under the circumstances described in subparagraph (III) of this paragraph (a).
Basically, the person must meet all four criteria to be considered a sexually violent predator. While we know nothing about this man’s offense, we can deduce that he was an adult when the offense occurred, that he was convicted of or pled to Attempted Sexual Assault on a Child, that his victim was a stranger to him or that he developed the relationship with the victim for the purpose of the assault, and that his risk assessment scores indicated he would likely re-offend.
If you or someone you love has been charged with Sexual Assault on a Child, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial phone consultation. Together we can protect your future.
Photo by Anna Tarazevich from Pexels