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118 Cards in this Set
- Front
- Back
- 3rd side (hint)
Crimes Against Persons |
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Homicide and Related Offenses |
1. 1st degree murder 2. 2nd degree murder 3. Manslaughter 4. Criminally negligent homicide 5. Vehicular homicide |
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1st Degree Murder: CRS 18-3-102 -Class 1 Felony |
• Intentionally causes the death of another person. • After deliberation. • Means committed after reflection and thought. • NOT upon impulse |
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Take your victim as you find them |
Victims suffering from infirmities that die as a result of the accused’s conduct can give rise to a 1st degree murder charge |
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Independent Intervening Cause |
To warrant a homicide charge, the death must be the natural and probable consequence of an unlawful act in which the offender participates |
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Felony Murder Rule: CRS 18-3-102(1)(b) -Class 1 Felony |
• Offender while committing or attempting to commit • Arson, robbery, burglary, kidnapping, sexual assault or crime of escape Anyone caused • The death of another person, other than one of the participants |
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Felony Murder Statutory defense: show all of the following |
o not the only participant in crime; o did not solicit, command or encourage, cause or aid in the commission of the act; o not armed with a deadly weapon; o did not have reason to believe another o participant was armed with a deadly weapon, instrument, article or substance. |
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Perjury: CRS 18-3-102(1)(c) - Class 1 Felony |
• Offender caused conviction and execution of • An innocent person • Because offender perjured himself or suborned (got another to commit perjury) |
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Extreme Indifference To Value Of Human Life CRS 18-3-102 (1)(d) - Class 1 Felony |
Offender under circumstances evidencing an attitude of universal malice • Knowingly • Engaged in conduct which created a grave risk of death to persons other than himself |
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Death Caused By Drugs Sold to Minors Upon/Near School Grounds CRS 18-3-102 (1)(e) - Class 1 Felony |
• Offender, knowingly • Distributed/dispensed/sold • A controlled substance • To a person under 18 • Upon or within 1000 feet of public or private elementary/vocational/junior high/high school • And the death of such person was caused by the use of the controlled substance |
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Death of A Child under 12 By One in A Position of Trust CRS 18-3-102(1)(f) - Class 1 Felony |
• Offender, knowingly • Caused death of a person under 12 and, • Offender was one in a position of trust |
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Position of trust Definition |
Any person who is a parent or acting in the place of a parent and charged with parent rights and duties; responsible for general supervision of a child’s welfare; responsible for health, education, or supervision of a child, including foster care, child care, or institutional care |
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First Degree Murder of A Peace Officer/ Firefighter CRS 18-3-107 - Class 1 Felony |
• Offender committed 1st degree murder in any of the above ways; Of a peace officer or firefighter; • Who was engaged or acting in performance of any duty, AND • Peace officer/firefighter was in uniform; OR • Person committing the assault knew or reasonably should have known victim was a peace officer/firefighter. |
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2nd Degree Murder: CRS 18-3-103 - Class 2 Felony |
• Offender, knowingly (other than heat of passion); • Caused the death of another. |
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Heat of Passion |
• Offender, knowingly Caused death of another • Where act of death was performed under a sudden heat of passion and was, • Caused by a highly provoking act of the intended victim • And there was no time sufficient for the voice of reason and humanity to be heard. |
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What degree is heat of passion homicide |
• Heat of passion defense reduces the 2nd degree murder charge from class 2 felony to class 3 felony |
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• Voluntary intoxication is not a defense to |
• 2nd degree murder since it is a “general intent” (knowingly) crime. |
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Manslaughter CRS 18-3-104 - Class 4 Felony |
• Offender, recklessly (consciously disregarding a substantial risk; an unintentional act) • Caused the death of another or; helped commit suicide |
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Suicide: CRS 18-3-104(1)(b) |
• Offender, intentionally • Caused or aided • Another person to commit suicide • “Medical directives” do not apply to the suicide provision |
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Criminally Negligent Homicide CRS 18-3-105 - Class 5 Felony |
• Offender, • Killed another person, • By conduct amounting to criminal negligence (failure to perceive a risk), • Gross deviation from the reasonable care standard, • Most common defense to this charge is “accidental killing” |
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Vehicular Homicide CRS 18-3-106 |
• Offender • Operated a motor vehicle • In a reckless manner (Class 4 felony) or • While under the influence (Class 3 felony) of alcohol/drugs/or both • Such conduct was the proximate cause Of the death of another person |
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Proximate cause defined |
“But for” the conduct of the offender, the death would not have occurred (the “But For” Rule) |
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A level of .08 BAC creates a presumption that |
the person was under the influence.
• Officer may request the driver take a chemical test (blood, breath for alcohol and urine for drugs). • Officer chooses the type of test (vehicular assault/vehicular homicide). • May get samples of blood/urine/saliva from medical providers. |
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Assaults and Related Offenses |
1. 1st degree assault 2. 2nd degree assault 3. 3rd degree assault 4. Vehicular assault 5. Criminal menacing 6. Criminal extortion |
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Differences between degrees of assault is that the more serious the penalty the more likely the officer must show the offender |
• Intended to cause serious injury OR/AND • Used a weapon OR/AND • Was engaged in a different serious crime |
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Assault in the 1st Degree CRS 18-3-202 - Class 3 Felony |
• Offender, with intent • To cause serious bodily injury • Caused serious bodily injury • With a deadly weapon OR CRS 18-3-202(1)(a) Disfigurement |
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OR CRS 18-3-202(1)(a) Disfigurement |
• Offender, with intent; • To disfigure a person seriously and permanently (to destroy amputate or disable permanently a member or organ of his body); • Caused that injury to the victim. OR CRS 18-3-202(1)(c) Extreme Indifference |
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OR CRS 18-3-202(1)(c) Extreme Indifference |
• Offender, knowingly; • Engaged in conduct which created grave risk of death to another; • Under circumstances manifesting extreme indifference to value of life; • Caused serious bodily injury to another. OR CRS 18-3-202(1)(e) Assault Against Peace Officer/Firefighter |
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OR CRS 18-3-202(1)(e) Assault Against Peace Officer/Firefighter |
• Offender, with intent to cause serious bodily injury; • To a peace officer or firefighter; • Threatened a peace officer or firefighter with a deadly weapon; • While victim engaged in performing duties; • Offender knew or reasonably should have known victim was a peace officer or firefighter. OR CRS 18-3-202(1)(f) In Custody |
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OR CRS 18-3-202(1)(f) In Custody |
• Offender, while lawfully confined or in custody; • As a result of being charged with/convicted of/or being charged/adjudicated as a delinquent child; • Intended to cause serious bodily injury to a person employed with a detention facility • Threatened with a deadly weapon |
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CRS 18-3-202(2)(a) Heat of Passion Defense for 1st Degree Assault: Class 5 felony |
• Victim, seriously provoked the offender; • Accused caused serious bodily injury to victim; • While in a “sudden heat of passion”; • And without an interval between the provocation and the injury sufficient for the voice of reason to be heard |
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A suspect cannot claim self-defense unless officer |
is using unreasonable force
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Performance of duties means |
on or off duty in or out of jurisdiction
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Serious bodily injury |
Substantial risk of death Permanent disfigurement Loss of blood (severe) Breaks or fractures of bones Burns (2nd or 3rd degree) Impairment of any part or organ of the body |
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Doctrine of Transferred Intent |
The assault was directed at party A but party B was the victim |
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A suspect is not justified in using physical force even if the stop or arrest is |
unconstitutional.
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Assault in the 2nd Degree CRS 18-3-203(1)(b): |
• Offender, with intent; • To cause bodily injury to another; • Caused such injury to another; • By means of a deadly weapon. OR CRS 18-3-203(1)(c) Peace Officers |
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OR CRS 18-3-203(1)(c) Peace Officers |
• Offender, with intent; • To prevent one he knew or reasonably should have known to be a peace officer/firefighter performing a lawful duty; • Intentionally caused bodily injury to such person. OR CRS 18-3-203(1)(d) |
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OR CRS 18-3-203(1)(d) |
• Offender, recklessly; • Caused serious bodily injury; • To another person; • By means of a deadly weapon. OR CRS 18-3-203(1)(e) Drug Inducement |
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OR CRS 18-3-203(1)(e) Drug Inducement |
• Offender, for purposes other than lawful medical or therapeutic treatment; • Intentionally caused stupor, unconsciousness, or other physical impairment or injury to another; • By administering to victim a drug, substance, or preparation capable of producing the intended harm; • Without victims consent. OR CRS 18-3-203(1)(f): Custody or Confinement – Peace Officer/Firefighter/Judge/Officer of Court OR CRS 18-3-203(1)(f) Confined in Detention Facility Employees |
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OR CRS 18-3-203(2)(b.5) Felony Assault Rule |
• Offender, participated in Commission of/attempt to commit/flight therefrom: Burglary Robbery Attempted sexual assault Kidnapping 1st degree Escape 1st degree Sexual assault Class 3 felony sexual assault on child Murder And any person caused serious bodily injury to another person other than participant |
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• Any attempt to commit an assault with a deadly weapon is a |
2nd degree assault
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• 2nd degree assault may be charged when a suspect assaults an officer after |
an arrest
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• Resisting arrest |
is prior to and during the arrest
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2ND DEGREE ASSAULT IS A CLASS |
4 FELONY. CLASS 3 FELONY FOR FELONY ASSAULT. CLASS 6 FELONY IF HEAT OF PASSION ELEMENT FITS.
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Assault in the 3rd Degree: CRS 18-3-204 - Class 1 Misdemeanor |
• Offender knowing or recklessly; • Caused bodily injury to another OR Negligently with a deadly weapon • Offender, with criminal negligence; • Caused bodily injury to another; • By means of a deadly weapon |
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• An initial aggressor is not entitled to claim self-defense unless |
he effectively communicates intent to withdraw and the other person continues to threaten the use of physical force.
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Vehicular Assault CRS 18-3-205 Recklessness - Class 5 Felony |
• Offender, operated or drove a motor vehicle; • In a reckless manner; • Proximately causing serious bodily injury to another |
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Vehicular Assault Under the Influence - Class 4 Felony |
• Offender operated or drove a motor vehicle; • While DUI or DUID or combination of alcohol and drugs; • Proximately causing serious bodily injury to another |
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Miranda rights only apply when |
in custody and under interrogation
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Any arrest must be based on |
probable cause
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DUI charge is separate and distinct charge from |
vehicular homicide.
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• If an officer can show that the suspect intended to injure the victim with the vehicle, the charge should be |
2nd degree assault
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Menacing CRS 18-3-206: |
• Offender, knowingly placed or attempted to place another; • In fear of imminent serious bodily injury; • By threat or physical action (Class 3 Misdemeanor) or; • By use of a deadly weapon (Class 5 Felony) or; • Any article used or fashioned in an manner to cause a reasonable person to believe the article is a deadly weapon; or • Offender represents verbally or otherwise he is armed with a deadly weapon. |
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Felony menacing vs. misdemeanor menacing |
= whether the offender uses a deadly weapon; fashioned/verbally advises/acts otherwise.
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A gun, which is unloaded, is a |
deadly weapon
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Victim of felony menacing does not need to be aware of a deadly weapon so long as |
one is actually used.
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Focus of menacing is |
the offender’s intent to cause fear of serious bodily injury. Actual subjective fear of the victim in not required
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Criminal Extortion CRS 18-3-207 - Class 4 Felony |
Involves the use of threats to force another to do something • Offender, without legal authority; • With intent to induce the threatened person or another; • Against their will, to do an act or refrain from doing a lawful act; • Made a substantial threat to: Confine or restrain - Cause economic hardship - Cause bodily injury, Damage to property - Damage to reputation etc. |
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Aggravated Extortion CRS 18-3-207(2) - Class 3 Felony |
• Same as criminal extortion BUT The offender threatened to cause the result by means of chemical or biological agents, weapons or poison or harmful radioactive agents. |
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Substantial threat means |
a threat that is reasonably likely to induce a belief that the threat will be carried out
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Reckless Endangerment CRS 18-3-208 - Class 3 Misdemeanor |
• Offender recklessly engaged in conduct; • Which created a substantial risk of serious bodily injury; • To another person. |
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Kidnapping is |
The taking of a person from one place to another |
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Seriousness of kidnapping depends mainly upon the reason for the kidnapping and if the victim was injured. 1st Degree Kidnapping CRS 18-3-301 |
(substantial movement) • Offender, forcibly seized and carried; • A person from one place to another; • With intent to get something of value or a concession (includes submission) from the victim of others; • In return for release of victim. |
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1ST DEGREE KIDNAPPING IS what class felony |
CLASS 2 FELONY. A CLASS 1 FELONY IF THE VICTIM IS NOT RELEASED OR VICTIM SUFFERED BODILY INJURY
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2nd Degree Kidnapping CRS 18-3-302 |
(incidental movement) • Offender; Knowingly seized and carried the victim; • Without consent or lawful justification. OR Child Kidnapping CRS 18-3-302(2) |
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OR Child Kidnapping CRS 18-3-302(2) |
• Offender, took, enticed, or decoyed away; • A child not his own under 18 years of age; • Away from parents, or guardian; • With intent to conceal or sell/trade/barter such child for consideration. |
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Intoxication is not a defense to second degree kidnapping because |
the mental element to be proved is knowingly
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2ND DEGREE KIDNAPPING IS WHAT CLASS FELONY |
CLASS 3 FELONY IF VICTIM IS ROBBED OR SEXUALLY ASSAULTED. CLASS 3 FELONY IF INTENT WAS TO SELL, BARTER, TRADE AND WAS DONE WITH A DEADLY WEAPON, FASHIONED IN A MANNER, VERBALLY OR OTHERWISE REPRESENTED BY OFFENDER. CLASS 4 FELONY IN ALL OTHER CASES.
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False Imprisonment CRS 18-3-303 |
Class 2 Misdemeanor: • Offender, knowingly; • Confined or detained another; • Without legal authority or consent. |
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False imprisonment is a Class 5 felony if |
• Use force or threat of force to confine or detain; and • Confines or detains person for 12 hours or long |
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The main difference between 2nd degree kidnapping and false imprisonment is |
that 2nd degree kidnapping there must be movement of the victim.
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Violation of Custody CRS 18-3-304(1) - Class 5 felony |
• Offender, knowingly; • Took or enticed a child under 18; • Away from custody of parent or guardian; • Knowing offender had no privilege to do so |
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Violation of Custody Order CRS 18-3-304(2) |
• Offender, violated any order of any Colorado district of juvenile court; • Which granted custody of a child under the age of 18 to any person, agency, or institution; • With intent to deprive the lawful custodian of the child. |
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• Defenses for violation of Custody |
Necessary to preserve child’s welfare
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Enticement of a Child CRS 18-3-305 |
• Offender, invited/persuaded/attempted to invite or persuade; • Child under the age of 15; • To enter any vehicle/building/room/secluded place; With intent to commit sexual assault or unlawful sexual contact upon the child Note: Child need not be aware of enticement |
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ENTICEMENT OF A CHILD IS WHAT CLASS FELONY |
CLASS 4 FELONY. CLASS 3 FELONY IF THERE IS A PREVIOUS CONVICTION
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Unlawful sexual behavior based upon |
• Penetration (by using mouth-tongue-penis) • Intrusion (any other method than those listed above) • Touching (contact) |
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Seriousness of an unlawful sexual behavior crime depends upon |
• How offender subdued the victim. • Whether victim was injured. • Whether suspect used a deadly weapon. • Whether victim was underage. • Whether there was penetration, intrusion or contact |
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Intimate parts means |
External genitalia Pubes Perineum Breast of any person Anus Buttocks |
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Physical helplessness |
Unconscious, asleep, or otherwise unable to indicate a willingness to act |
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Position of trust |
Parent, guardian, or any person charged with duty or responsibility for the health education, welfare, and supervision of child |
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Sexual contact |
Touching of the victim’s intimate parts by the actor, or of the actor’s intimate parts by the victim; includes the above through the clothing. The touching was done for purposes of arousal, gratification or abuse |
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Sexual intrusion |
Any intrusion by any object or any parts of a person’s body except the mouth, tongue, or penis into the genital or anal opening of another’s body, for purposes of arousal, gratification or abuse |
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Sexual penetration |
Is sexual intercourse, cunnilingus, fellatio, analingus, or anal intercourse |
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Statute of limitations for most felony sex offenses is |
10 years
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There is no statute of limitations for felony “unlawful sexual offenses” against |
children less than 15 years old (unless noted) which occurred on or after 07/01/96
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The statute of limitations for misdemeanor unlawful sexual offense against a child |
is 5 years for any
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Sex offenders have a duty to register with |
local police
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There is mandatory genetic testing for sex offenders for |
future identification purposes
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Sexual Assault CRS 18-3-402 |
• Offender, knowingly inflicted; • Sexual penetration or intrusion; • Without the victim’s consent; • In one of the following ways |
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Force CRS 18-3-402(4)(a) Class 3 Felony |
• Knowingly, used force or physical violence; • To cause victim’s submission |
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Threats of Death/Injury/Pain/Kidnap CRS 18-3-402(4)(b) Class 3 Felony |
• Offender, knowingly; • Threatened victim with imminent death, serious bodily, extreme pain or kidnapping; • Upon the victim or another; • In order to cause the victim’s submission; • Victim believed the offender had the present ability to carry out threat |
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Threat of Future Retaliation CRS 18-3-402(4)(c): Class 3 Felony |
• Offender, knowingly threatened to retaliate in the future; • Against victim or another; • In order to cause victim’s submission; • Victim believed offender had present ability to carry out threat |
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Drugging the Victim CRS 18-3-402(1)(d) Class 3 Felony |
• Offender, knowingly; • Gave the victim; • A drug or intoxicant; • And substantially impaired the victim’s power to appraise and control his conduct; • In order to cause victim’s submission; • Without victims consent |
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Physical Helplessness CRS 18-3-402(1)(e) Class 3 Felony |
• Offender, knew the victim was helpless; and victim did not consent |
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Incapacity CRS 18-3-402(1)(b) Class 4 Felony |
• Offender knew; • That the victim could not appraise the nature; • Of the victim’s conduct |
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Unlawful sexual behavior Age of the Offender and the Victim CRS 18-3-402(1)(d) Class 4 Felony |
• Victim was less than 15 years old; • Offender was at least 4 years older than the victim • Offender is not the spouse of the victim |
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Sexual assault during Treatment or Examination CRS 18-3-402(1)(g) Class 4 Felony |
• Offender, knowingly; • Examined or treated victim; • In a manner substantially inconsistent with reasonable medical practice; • For other than bona fide medical purposes |
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SEXUAL ASSAULT IS WHAT CLASS FELONY |
CLASS 2 FELONY IF OFFENDER IS AIDED OR ABETTED BY ONE OR MORE PERSONS; THE VICTIM SUFFERS SERIOUS BODILY INJURY; OR IF OFFENDER USED A DEADLY WEAPON (FASHIONED/VERBALLY ADVISED OR OTHERWISE) TO CAUSE SUBMISSION
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Unlawful Sexual Contact CRS 18-3-404 |
Offender knowingly sexually contacted (touched) victim under one of the following circumstances Nonconsensual Incapacity Helplessness Drugging |
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Observations involving Children with Others CRS 18-3-404(1.5) |
• Offender, knowingly; • Induced or coerced a person under 18; • By any means set forth in sexual assault; • To expose intimate parts/engage in sexual contact, intrusion, penetration; • With a third person; • For purposes of offender’s sexual gratification |
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• Sexual contact is the touching of the intimate parts of the victim by the offender or |
vice versa.
NOTE: Can touch through the clothing and commit the crime |
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PENALTY FOR UNLAWFUL SEXUAL CONTACT IS WHAT |
CLASS 1 MISDEMEANOR; CLASS 4 FELONY IF VICTIM SUBMITS DUE TO FORCE, THREATS, OR INTIMIDATION; IF OFFENDER ENGAGED IN SEXUAL CONTACT DURING MEDICAL TREATMENT OR EXAMINATION; IF OFFENDER ENGAGED IN OBSERVATIONS OF A CHILD WITH ANOTHER
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Sexual Assault on a Child CRS 18-3-405 |
• Crimes involve the touching of the intimate parts of a child. • Offender, knowingly; • Subjected to sexual contact; • A child less than 15 years old; • Who was not the offender’s spouse; • Offender was at least 4 years older than child |
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Sexual Assault on a Child by one in a Position of Trust CRS 18-3-405.3 |
• Offender, was one in a position of trust and knowingly; • Subjected to sexual contact; • A child less than 18; • Who was not the offender’s spouse |
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Sex assault on a child Affirmative defense is if |
the child was at least 15 years old and the offender reasonably believed the child to be 18 or older
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Sex assault No defense (strict liability) if |
the child is under 15
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SEXUAL ASSAULT ON A CHILD IS What Class Felony |
CLASS 4 FELONY. CLASS 3 FELONY IF OFFENDER KIDNAPS OR APPLIES FORCE, INJURY, PAIN OR THREATS TO THE VICTIM
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Internet Sexual Exploitation of a Child CRS 18-3-405.4 (07/01/12) |
• Offender knowingly importunes, invites, or entices • Through a communication network or system A person whom the actor knows or believes to be under 15 years old and at least 4 years younger than the actor. Expose or touch the persons; own or another person’s intimate parts while communicating with actor via computer network or system, telephone network, or data network or by text message or instant message; or Observe the actor’s intimate parts via any of the above systems |
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INTERNET EXPLOITATION OF A CHILD IS WHAT CLASS FELONY |
A CLASS 4 FELONY
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Sexual Assault on a Client by a Psychotherapist CRS 18-3-405.5 |
Aggravated Sexual Assault on a Client- Class 4 felony: • Offender, knowingly; • Inflicted sexual penetration or intrusion; • Can occur by therapeutic deception. • Offender was a psychotherapist |
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Sexual Assault on a Client is Class 1 Misdemeanor |
• Offender, knowingly; • Inflicted sexual contact on the victim. • Can occur by therapeutic deception. • Offender is a psychotherapist |
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Sexual Assault on a Client with consent |
Consent of client is not a defense |
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Invasion of Privacy for Sexual Gratification CRS 18-3-405.6: |
• Offender knowingly; • Observes or takes photographs; • Of a person’s intimate parts; • Without consent where person had a reasonable expectation of privacy • For purposes of observer’s sexual gratification |
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Sexual gratification is what class felony |
class 6 felony and is an extraordinary risk crime subject to modified sentencing range specified in 18-1.3-401 (10)
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Stalking CRS 18-3-602 |
Offender directly or indirectly through another person, knowingly, Made a credible threat to another person, and in connection with that threat: Repeatedly follows, approaches, contacts, or places under surveillance that person or a member of that person’s immediate family; or someone with whom that person has or has had a continuing relationship or Made a credible to another person and in connection with that threat Repeatedly made any form of communication with that person or a member of that person’s immediate family or someone with whom that person has or has had a continuing relationship; (even if no conversation ensued) STALKING IS WHAT CLASS FELONY |
CLASS 5 FELONY FOR FIRST OFFENSE; OR IS A CLASS 4 FELONY FOR A SECOND OR SUBSEQUENT OFFENSE, IF THE OFFENSE OCCURS WITHIN SEVEN YEARS AFTER THE DATE OF THE FIRST OFFENSE FOR WHICH PERSON WAS CONVICTED
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STALKING IS AN EXTRAORDINARY RISK CRIME SUBJECT TO |
MODIFIED PRESUMPTIVE SENTENCING
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