C.R.S.
Section 18-6.5-103
Crimes against at-risk persons
- classifications
(1)
Crimes against at-risk persons are as prescribed in this section.(2)
Any person whose conduct amounts to criminal negligence, as defined in section 18-1-501 (3), commits:(a)
A class 4 felony if such negligence results in the death of an at-risk person;(b)
A class 5 felony if such negligence results in serious bodily injury to an at-risk person; and(c)
A class 6 felony if such negligence results in bodily injury to an at-risk person.(3)
Intentionally left blank —Ed.(a)
Any person who commits a crime of assault in the first degree, as such crime is described in section 18-3-202, and the victim is an at-risk person, commits a class 4 felony if the circumstances described in section 18-3-202 (2)(a) are present and a class 2 felony if such circumstances are not present.(b)
Any person who commits a crime of assault in the second degree, as such crime is described in section 18-3-203, and the victim is an at-risk person, commits a class 5 felony if the circumstances described in section 18-3-203 (2)(a) are present and a class 3 felony if such circumstances are not present.(c)
Any person who commits a crime of assault in the third degree, as such crime is described in section 18-3-204, and the victim is an at-risk person, commits a class 6 felony.(4)
Any person who commits robbery, as such crime is described in section 18-4-301 (1), and the victim is an at-risk person, commits a class 3 felony. If the offender is convicted of robbery of an at-risk person, the court shall sentence the defendant to the department of corrections for at least the presumptive sentence under section 18-1.3-401 (1).(5)
Any person who commits theft, and commits any element or portion of the offense in the presence of the victim, as such crime is described in section 18-4-401 (1), and the victim is an at-risk person, or who commits theft against an at-risk person while acting in a position of trust, whether or not in the presence of the victim, or who commits theft against an at-risk person knowing the victim is an at-risk person, whether in the presence of the victim or not, commits a class 5 felony if the value of the thing involved is less than five hundred dollars or a class 3 felony if the value of the thing involved is five hundred dollars or more. Theft from the person of an at-risk person by means other than the use of force, threat, or intimidation is a class 4 felony without regard to the value of the thing taken.(b)
A person who unlawfully abandons an at-risk person commits a class 1 misdemeanor.(7)
Intentionally left blank —Ed.(a)
Any person who commits a crime of sexual assault, as such crime is described in section 18-3-402, sexual assault in the first degree, as such crime was described in section 18-3-402, as it existed prior to July 1, 2000, and the victim is an at-risk person, commits a class 2 felony.(b)
Any person who commits a crime of sexual assault in the second degree, as such crime was described in section 18-3-403, as it existed prior to July 1, 2000, and the victim is an at-risk person, commits a class 3 felony.(c)
Any person who commits unlawful sexual contact, as such crime is described in section 18-3-404, or sexual assault in the third degree, as such crime was described in section 18-3-404, as it existed prior to July 1, 2000, and the victim is an at-risk person, commits a class 6 felony; except that the person commits a class 3 felony if the person compels the victim to submit by use of such force, intimidation, or threat as specified in section 18-3-402 (4)(a), (4)(b), or (4)(c), or if the actor engages in the conduct described in section 18-3-404 (1)(g) or (1.5).(d)
Any person who commits sexual assault on a child, as such crime is described in section 18-3-405, and the victim is an at-risk juvenile, commits a class 3 felony; except that, if the circumstances described in section 18-3-405 (2)(a), (2)(b), (2)(c), or (2)(d) are present, the person commits a class 2 felony.(e)
Any person who commits sexual assault on a child by one in a position of trust, as such crime is described in section 18-3-405.3, and the victim is an at-risk juvenile, commits a class 2 felony if the victim is less than fifteen years of age or a class 3 felony if the victim is fifteen years of age or older but less than eighteen years of age.(f)
Any person who commits sexual assault on a client by a psychotherapist, as such crime is described in section 18-3-405.5, and the victim is an at-risk person, commits a class 3 felony if the circumstances described in section 18-3-405.5 (1) exist or a class 6 felony if such circumstances are not present.(7.5)
Intentionally left blank —Ed.(a)
A person commits criminal exploitation of an at-risk person when he or she knowingly uses deception, harassment, intimidation, or undue influence to permanently or temporarily deprive an at-risk person of the use, benefit, or possession of any thing of value.(b)
Criminal exploitation of an at-risk person is a class 3 felony if the thing of value is five hundred dollars or greater. Criminal exploitation of an at-risk person is a class 5 felony if the thing of value is less than five hundred dollars.(I)
Intentionally left blank —Ed.(A)
The person knowingly confines or detains an at-risk person in a locked or barricaded room or other space; and(B)
Such confinement or detention was part of a continued pattern of cruel punishment or unreasonable isolation or confinement of the at-risk person; or(II)
The person knowingly and unreasonably confines or detains an at-risk person by tying, caging, chaining, or otherwise using similar physical restraints to restrict the at-risk person’s freedom of movement; or(III)
The person knowingly and unreasonably confines or detains an at-risk person by means of force, threats, or intimidation designed to restrict the at-risk person’s freedom of movement.(b)
It is an affirmative defense for any person with responsibility for the care or supervision of an at-risk person whose conduct would otherwise constitute an offense pursuant to subsection (9)(a)(II) of this section that the conduct with respect to the at-risk person is reasonable and appropriate under the circumstances and is also reasonably necessary to promote the safety and welfare of the at-risk person.(c)
Intentionally left blank —Ed.(I)
False imprisonment of an at-risk person pursuant to subsection (9)(a)(I) or (9)(a)(II) of this section is a class 6 felony.(II)
False imprisonment of an at-risk person pursuant to subsection (9)(a)(III) of this section is a class 1 misdemeanor.
Source:
Section 18-6.5-103 — Crimes against at-risk persons - classifications, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-18.pdf
(accessed Oct. 20, 2023).