What is a Sexually Violent Predator? This is a special designation used in the state of Colorado for sex offenders that meet certain criteria. (1) It is an offender that is 18 years or older when the offense was committed or who is tried as an adult if a juvenile. (2) He or she also has to be convicted of one of a specific list of offenses: Sexual Assault under C.R.S. § 18-3-402, Unlawful Sexual Contact under C.R.S. § 18-3-404(1.5) or (2), Sexual Assault on a Child, or Sexual Assault on a Child by One in a Position of Trust. (3) The victim must be a stranger to the offender or a person that the offender established or promoted a relationship with primarily for the purpose of sexual victimization. (4) The offender must be found, through an offense specific evaluation (sometimes called a psycho-sexual evaluation) done in compliance with Sex Offender Management Board requirements, to be likely to commit one of these listed crimes in (2) under the circumstances listed in (3) again.
Sex offenses are the most complicated cases in the Colorado legal system. Each sex offense will mandate a number of additional requirements beyond the sentence imposed. One of the most obvious collateral consequences is the requirement that anyone who is convicted of a sex offense is required to register as a sex offender. Depending on what the conviction is, there may be a light at the end of the tunnel. The list of registerable offenses can be found at C.R.S. § 16-22-102. In includes the offenses you would expect, sexual assault, sexual assault on a child, enticement of a child. It also includes some offenses that might surprise you such as indecent exposure (knowingly exposing one's genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person.)
Often times the first issue raised by our clients is the possibility, or lack thereof, of their case being dismissed. This is a particularly tough question to answer when one is charged with Driving Under the Influence (DUI) or any number of Domestic Violence (DV) charges. The legislature has carved out exceptions for these types of charges that make dismissal a much less easy remedy for a District Attorney or Court to agree to. In order for a Domestic Violence or Driving Under the Influence charge to either be dismissed or taken out of the alcohol or domestic violence realm which they are charged under, a finding must be made by the Court that District Attorney could not prove the case beyond a reasonable doubt.