Sex Crimes

Of all the charges an individual can face, sex crimes are perhaps the most stigmatized in our society. Although under the law a person is innocent until proven guilty, most people charged with sex crimes find that those around them, even family members and friends, jump to conclusions based solely on the accusations.

Considering the inhospitable treatment given to those accused of a sex crime, it is crucial to make sure a charge does not turn into a conviction. Like other crimes, a sex crime conviction can result in extended jail time sentences and major fines. However, most sex crimes also require those convicted to place their names on a national registry, which must be updated on a regular basis and include personal information for all the world to see. A conviction can also substantially impact a person’s future work prospects, interpersonal relationships, and even restrict where that person is legally allowed to live for many years to come.

If you have been charged with a sex crime, don’t take chances with your defense. At Law Office of Walker Fults, we know how difficult it can be for anyone in Boulder, Denver, or the surrounding Colorado area to be facing sex crimes charges and the potential penalties that accompany them. We are on your side, and we will fight for your best interests. With the help of an aggressive legal team, you might have your charges reduced or even dismissed altogether.

Types of Sex Crimes

There are a number of different sex crimes, all of them extremely serious and requiring fast, effective legal attention. When facing a sex crime charge of any kind, the lawyer you have on your side makes all the difference.

Sexual Assault:

Colorado Revised Statues §18-3-402 is the State’s sexual assault law.  The statute prohibits sexual penetration or intrusion without consent.  The subparts to section (1) explain there is not consent in cases of:

• means reasonably calculated to induce submission against the actor’s will.
• the victim doesn’t know what’s happening (asleep or passed out)
• the victim is tricked into thinking the actor is his or her spouse
• the victim is 14 years old or younger and the actor is at least 4 years older (statutory rape)
• the victim is 15-17 and the actor is more than 10 years older (statutory rape)

Penalties for Sexual Assault:

Sexual Assault in any of these cases is a class 4 felony, punishable in most cases by 2-6 years in prison and fines up to $500,000.

However, Sexual Assault jumps to a Class 3 felony—punishable 4-12 years and with fines up to $750,000—if any aggravating conditions are met:

• the victim is physically helpless and the actor knows it
• the act is committed with physical force or violence
• the actor credibly threatens death, serious bodily injury, extreme pain, or kidnapping
• the actor credibly threatens retaliation
• the actor drugs the victim

Sexual Assault can even escalate to a Class 2 felony, punishable by 8-24 years in prison, if:

• the actor has help from another person
• the victim suffers serious bodily injury
• the actor uses a deadly weapon

Sexual Contact:

The second main class of sex crimes in Colorado is “sexual contact.”  This is comparatively less severe than sexual assault, but still treated very seriously by law enforcement.

In §18-3-404, the relevant statutory language tracks that of the Sexual Assault section, but applies it to sexual contact rather than penetration.  This is more commonly known as groping or fondling.  Sexual contact is an “extraordinary risk” class 1 misdemeanor, meaning that sentencing can reach up to 2 years in jail.

Adam Walsh Act Violations and Federal Law:

Passed in 2006, the Adam Walsh Act, or SONRA, is a federal statute that makes a uniform system of registration for those convicted of certain sex crimes. The Act establishes three tiers of offenses, each with different reporting requirements. Failure to follow the reporting guidelines found in the Act can result in new felony charges.

Walker Fults has experience authoring draft judicial opinions related to the Adam Walsh Act from his time clerking in a federal court. He understands how the Act’s provisions can affect you, and can guide you through each step of the process to ensure you comply with the Act’s requirements. And if you are charged with a first time sexual offense, he will work to shield you from the reach of the Act through a smart defense at trial, or strategic settlement agreement.

Sex Offender Registration Violations

In Colorado, individuals convicted of a sex crime are required to register with local law enforcement. In most cases, you must provide your name, address, a photo, and the charge on which you were convicted. Failure to comply with these registration rules can trigger additional charges, just as serious as the first ones.

Possession of Child Pornography

Possession of child pornography is a serious criminal charge, one that law enforcement officials are notoriously aggressive in prosecuting to appease public demand. As computers connected to the internet have become ubiquitous in daily life, an individual’s chance of innocently coming across illegal material while browsing the web has grown. There are many reported cases of people having illegal material installed on their personal computers through malware, viruses, or falsely labeled download material.

Consult a Boulder Sexual Assault or Sex Crimes Attorney

At Law Office of Walker Fults, we are committed to defending your rights to the fullest extent, no matter what charge you face. We understand the impact a sex crimes charge can have on your life, career, and public reputation, and we are committed to fighting for your best interests. If you have been charged, hire a skilled and aggressive sex crimes attorney to fight for you.