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    021. COLORADO CRIMINAL CODE – WRONGS TO AT-RISK ADULTS AND AT-RISK JUVENILES

    The Role of Criminal Negligence in Crimes Against At Risk Victims

    Criminal negligence. A crime against an at-risk adult or at-risk juvenile that amounts to criminal negligence resulting in bodily injury is a class 6 felony. 18-6.5-103 (2) (c)

    A crime against an at-risk adult or at-risk juvenile that amounts to criminal negligence resulting in serious bodily injury is a class 5 felony. 18-6.5-103 (2) (b)

    A crime against an at-risk adult or at-risk juvenile that amounts to criminal negligence resulting in the death of the at-risk adult or at-risk juvenile is a class 4 felony. 18-6.5-103 (2) (a)

    The Crimes of Assault Against At-risk Adults and At-risk Juveniles in Colorado

    Assault against at-risk adults and at-risk juveniles. Assault in the third degree, as described in section 18-3-204, when the victim is an at-risk adult or at-risk juvenile is a class 6 felony.18-6.5-103 (3) ( C )

    Assault in the second degree, as described in section 18-3-203, when the victim is an at-risk adult or at-risk juvenile and the act was committed upon a sudden heat of passion, caused by a serious and highly provoking act of the victim, causing an irresistible passion in a reasonable person, is a class 5 felony. 18-6.5-103 (3) (b)

    Assault in the first degree, as described in section 18-3-202, when the victim is an at-risk adult or an at-risk juvenile and the act causing the injury is performed, not after deliberation, upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the person causing the injury sufficiently to excite an irresistible passion in a reasonable person is a class 4 felony. 18-6.5-103 (3) (a)

    Assault in the second degree, as described in section 18-3-203, when the victim is an at-risk adult or at-risk juvenile, is a class 3 felony. 18-6.5-103 (3) (b)

    Assault in the first degree, as described in section 18-3-202, when the victim is an at-risk adult or at-risk juvenile, is a class 2 felony. 18-6.5-103 (3) (a)

    The Crime of Robbery/Theft of At Risk Adults and Victims in Colorado

    Robbery from at-risk adults and at-risk juveniles. Robbery, as described in section 18-4-301, when the victim is an at-risk adult or at-risk juvenile, is a class 3 felony. 18-6.5-103 (4)

    Theft from at-risk adults and at-risk juveniles. Any person who commits theft, as described in section 18-4-401, and commits any element of the offense in the presence of the victim when the victim is an at-risk adult or at-risk juvenile, or who is in a position of trust with regard to the at-risk adult or at-risk juvenile, regardless of whether the act took place in the presence of the victim, commits a class 5 felony when the value of the thing involved is less than $500. 18-6.5-103 (5)

    Any person who commits theft, as described in section 18-4-401, from an at-risk adult or at-risk juvenile by means other than the use of force, threat, or intimidation commits a class 4 felony without regard to the value of the thing taken. 18-6.5-103 (5)

    Any person who commits theft, as described in section 18-4-401, and commits any element of the offense in the presence of the victim when the victim is an at-risk adult or at-risk juvenile, or who is in a position of trust with regard to the at-risk adult or at-risk juvenile, regardless of whether the act took place in the presence of the victim, commits a class 3 felony when the value of the thing involved is at least $500. 18-6.5-103 (5)

    The Role of Neglect in Crimes Against At Risk Adults and Juveniles in Colorado

    Neglect of at-risk adults and at-risk juveniles. Knowingly neglecting an at-risk adult or an at-risk juvenile or knowingly acting in a manner likely to be injurious to the physical or mental welfare of an at-risk adult or an at-risk juvenile is a class 1 misdemeanor. 18-6.5-103 (6)

    The Crime of Sexual Assault Against At-risk Adults and At-risk Juveniles in Colorado

    Sexual assault. Sexual assault or first degree sexual assault, as described in section 18-3-402, against an at-risk adult or an at-risk juvenile is a class 2 felony. 18-6.5-103 (7) (a)

    Second degree sexual assault. Any person who commits a crime of sexual assault in the second degree, as described in section 18-3-403, and the victim is an at-risk adult or an at-risk juvenile commits a class 3 felony. 18-6.5-103 (7) (b)

    Unlawful sexual contact. Any person who commits unlawful sexual contact or third degree sexual assault, as described in section 18-3-404, when the victim is an at-risk adult or an at-risk juvenile commits a class 6 felony. 18-6.5-103 (7) ©

    Unlawful sexual contact or third degree sexual assault of an at-risk adult or an at-risk juvenile is a class 3 felony if the person compels the victim to submit by use of force, intimidation, or threat or if the actor engages in treatment or examination of a victim for other than bona fide medical purposes or in a manner inconsistent with reasonable medical practices or if the actor, with or without sexual contact, induces or coerces a child to expose intimate parts or to engage in sexual contact for the purpose of the actor’s own sexual gratification. 18-6.5-103 (7) (c)

    Sexual assault on a child. Sexual assault on a child, as described in section 18-3-405, when the victim is an at-risk juvenile is a class 3 felony. 18-6.5-103 (7) (d)

    Sexual assault on a child when the victim is an at-risk juvenile and the actor uses force, threat, threat of retaliation, or commits the abuse as part of a pattern is a class 2 felony. 18-6.5-103 (7) (d)

    Sexual assault by one in a position of trust. Sexual assault on a child by one in a position of trust, as described in section 18-3-405.3, when the victim is an at-risk juvenile and between the ages of 15 and 18 is a class 3 felony. 18-6.5-103 (7) (e)

    Sexual assault on a child by one in a position of trust when the victim is an at-risk juvenile who is under the age of 15 is a class 2 felony. 18-6.5-103 (7) (e)

    Sexual assault by a psychotherapist. Sexual assault on a client by a psychotherapist, as described in section 18-3-405.5, when the victim is an at-risk adult or an at-risk juvenile is a class 6 felony. 18-6.5-103 (7) (f)

    Sexual assault on a client by a psychotherapist when the victim is an at-risk adult or an at-risk juvenile is a class 3 felony when the actor knowingly inflicts sexual penetration or sexual intrusion on the victim and the actor is a psychotherapist and the victim is a client or the actor is a psychotherapist and the victim is a client and the sexual penetration or intrusion occurred by means of therapeutic deception. 18-6.5-103 (7) (f)  


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    ___________________________
    H. Michael Steinberg Esq.
    Attorney and Counselor at Law
    The Colorado Criminal Defense Law Firm of H. Michael Steinberg
    A Denver, Colorado Lawyer Focused Exclusively On
    Colorado Criminal Law For Over 40 Years.
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