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What is a Sexually Violent Predator?

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.

While the SVP designation is rare, there are some important things to know about it. Whenever an offender is convicted of one of the listed crimes, the probation department shall (has to) complete a sexually violent predator risk assessment. "Convicted" also has a special meaning in this statute and includes deferred sentences. The Court shall (has to) make specific findings of fact and enter an order determining whether the offender is a sexually violent predator.

But what happens if an offender is designated an SVP? This requires lifetime registration, C.R.S. § 16-22-108(1)(d)(I); C.R.S. § 16-22-113(3)(a). When an SVP is sentenced to probation or community corrections or released into the community following incarceration, the SVP's supervising officer has to notify local law enforcement, C.R.S. § 16-13-903(3)(a). The local law enforcement agency then notifies the Colorado Bureau of Investigation. The community also has to be notified in accordance with Sex Offender Management Board Standards. This could potentially be done through a public meeting or release of a Board approved DVD. No matter what, a designation as an SVP subjects an offender to a higher level of scrutiny.

While we hope you benefit from the information we posted above, it is important to note that we always suggest you contact an attorney to advise you and walk you through the legal process so that you can achieve the best possible result.

This blog was posted by Stephanie Rikeman, an associate attorney at Shazam Kianpour & Associates, P.C. You may contact her directly at our law firm at 303-825-1075 or at http://www.shazamlaw.com/

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