Crimes Against At Risk Persons in Larimer County

Colorado law dictates that crimes against at risk people deserve harsher punishments and more punitive measures are appropriate in court. Crimes ranging from Assault to Attempted Criminal Exploitation all have more severe penalties if committed against an at risk person.

Definition of At – Risk Person in Fort Collins

What Are Crimes Against At Risk People?

C.R.S. 18-6.5-103 describes the different crimes against at – risk adults and juveniles and the felony or misdemeanor level associated with each one. Commission of the offenses described in the following table shall include the attempt, solicitation, or conspiracy to commit such offenses:

Crime	Description / Sentence
Criminal Negligence – C.R.S. 18-1-501 (3)	(a) A class 4 felony if such negligence results in the death of an at-risk adult or an at-risk juvenile; (b) A class 5 felony if such negligence results in serious bodily injury to an at-risk adult or an at-risk juvenile; and (c) A class 6 felony if such negligence results in bodily injury to an at-risk adult or an at-risk juvenile
First Degree Assault – C.R.S. 18-3-202	Any person who commits a crime of assault in the first degree and the “victim is an at-risk adult or an at-risk juvenile commits a class 4 felony if the circumstances described in section 18-3-202 (2)(a) are present and a class 2 felony if such circumstances are not present.
Second Degree Assault – C.R.S. 18-3-203	Any person who commits a crime of assault in the second degree, and the victim is an at-risk adult or an at-risk juvenile commits a class 5 felony if the circumstances described in section 18-3-203 (2) (a) are present and a class 3 felony if such circumstances are not present.
Third Degree Assault – C.R.S. 18-3-204	Any person who commits a crime of assault in the third degree and the victim is an at-risk adult or an at-risk juvenile commits a class 6 felony.
Robbery – C.R.S. 18-4-301	Any person who commits robbery and the victim is an at-risk adult or an at-risk juvenile, commits a class 3 felony. If the offender is convicted of robbery of an at-risk adult or an at-risk juvenile, the “the court shall sentence the defendant to the department of corrections for at least the presumptive sentence under section 18-1.3-401 (1). This is mandatory prison time to be served in the Colorado Department of Corrections (DOC).
Theft – C.R.S. 18-4-401 (At-Risk Adult or Juvenile)	Any person who commits theft, and commits any element or portion of the offense in the presence of the victim and the victim is an at-risk adult or an at-risk juvenile, or who commits theft against an at-risk adult or an at-risk juvenile while acting in a position of trust, whether or not in the presence of the victim, commits a class 5 felony if the value of the thing involved is less than five hundred dollars or a class 3 felony if the value of the thing involved is five hundred dollars or more. Theft from the person of an at-risk adult or an at-risk juvenile by means other than the use of force, threat, or intimidation is a class 4 felony without regard to the value of the thing taken.
Theft – C.R.S. 18-4-401 (At-Risk Elder)	A person who commits theft, and commits any element or portion of the offense in the presence of the victim and the victim is an at-risk elder, or who commits theft against an at-risk elder “or who commits theft against an at-risk elder while acting in a position of trust, whether or not in the presence of the victim, or commits theft against an at-risk elder knowing the victim is an at-risk elder, whether in the presence of the victim or not, commits a class 5 felony if the value of the thing involved is less than five hundred dollars or a class 3 felony if the value of the thing involved is five hundred dollars or more. Theft from “the person of an at-risk elder by means other than the use of force, threat, or intimidation is a class 4 felony without regard to the value of the thing taken.
Caretaker Neglect	Any person who knowingly commits caretaker neglect against an at-risk adult, an at-risk elder, or an at-risk juvenile or knowingly acts in a manner likely to be injurious to the physical or mental welfare of an at-risk adult, an at-risk elder, or an at-risk juvenile commits a class 1 misdemeanor.
Sexual Assault – C.R.S. 18-3-402	(a)Any person who commits a crime of sexual assault, sexual assault in the first degree, as it existed prior to July 1, 2000, and the victim is an at-risk adult or an at-risk juvenile commits a class 2 felony. (b) Any person who commits a crime of sexual assault in the second degree, as such crime was described in section 18-3-403, as it existed prior to July 1, 2000, and the victim is an at-risk adult or an at-risk juvenile, commits a class 3 felony.
Unlawful Sexual Contact – C.R.S. 18-3-404	Any person who commits unlawful sexual contact or sexual assault in the third degree, as such crime was described in section 18-3-404, as it existed prior to July 1, 2000, and the victim is an at-risk adult ” “or an at-risk juvenile, commits a class 6 felony; except that the person commits a class 3 felony if the person compels the victim to submit by use of such force, intimidation, or threat as specified in section 18-3-402 (4) (a), (4) (b), or (4) (c), or if the actor engages in the conduct described in section 18-3-404 (1) (g) or (1.5).
Sexual Assault on a Child – C.R.S. 18-3-405	Any person who commits sexual assault on a child and the victim is an at-risk juvenile, commits a class 3 felony; except that, if the circumstances described in section 18-3-405 (2) (a), (2) (b), (2) (c), or (2) (d) are present, the person commits a class 2 felony.
Sexual Assault on a Child by One is a Position of Trust – C.R.S. 18-3-405.3	Any person who commits sexual assault on a child by one in a position of trust and the victim is an at-risk juvenile, commits a class 2 felony if the victim is less than fifteen years of age or a class 3 felony if the victim is fifteen years of age or older but less than eighteen years of age.
Sexual Assault on a Client by a Psychotherapist – C.R.S. 18-3-405.5	Any person who commits sexual assault on a client by a psychotherapist and the victim is an at-risk adult or an at-risk juvenile, commits a class 3 felony if the circumstances described in section 18-3-405.5 (1) exist or a class 6 felony if such circumstances are not present.
Criminal Exploitation	A person commits criminal exploitation of an at-risk elder when he or she knowingly uses deception, harassment, intimidation, or undue influence to permanently or temporarily deprive an at-risk elder of the use, benefit, or possession of any thing of value. Criminal exploitation of an at-risk elder is a class 3 felony if the thing of value is five hundred dollars or greater. Criminal exploitation of an at-risk elder is a class 5 felony if the thing of value is less than five hundred dollars

Why You Need a Larimer County Attorney for Your Charges Against an At – Risk Person

Our attorneys care for you and your circumstances.

Because atrisk adults and juveniles are viewed as vulnerable, punishments for crimes against them are increased. At the O’Malley Law Office, we have seen instances where the item stolen was left out in the yard overnight, but the crime is heightened because the people who live in the house are elderly. While there was no contact and the elderly couple was not in any danger, it is still seen as a crime against an at – risk elder.

The experienced criminal defense lawyers at the O’Malley Law Office have been practicing for over 20 years in Larimer, Boulder and Grand County and have been successful in these cases by getting involved early in the case. Our attorneys care for you and your circumstances. We will not rest until a solid defense is before your judge and jury.

If you or someone you love has been accused of a crime against an at – risk person, be smart, exercise your right to remain silent and contact an experienced criminal defense attorney from the O’Malley Law Office at (970) 658-0007. Together, we can protect your future.