Colorado Revised Statute § 18-6.5-103 CRS imposes enhanced criminal sentences for defendants convicted of committing certain offenses against victims who are at least 70 years old and/or have physical or intellectual disabilities.
The full text of the statute reads as follows:
CRS 18-6.5-103. (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)(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.
(5.5) (Deleted by amendment, L. 2016.)
(6)
(a) Any person who knowingly commits caretaker neglect against an at-risk person or knowingly acts in a manner likely to be injurious to the physical or mental welfare of an at-risk person commits a class 1 misdemeanor.
(b) A person who unlawfully abandons an at-risk person commits a class 1 misdemeanor.(7)
(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)
(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.(8) (Deleted by amendment, L. 2016.)
(9)
(a) A person commits false imprisonment of an at-risk person if without proper legal authority:
(I)
(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)
(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.
Legal Analysis
Colorado Revised Statute 18-6.5-103 spells out the enhanced punishments for committing certain crimes against at-risk persons. These include people who:
- are 70 years old or older, or
- have a disability (physical or intellectual).
|
Crime where victim is at-risk person |
Colorado penalty |
| Assault in the first-degree | If done in the sudden heat of passion, a class 4 felony, carrying
Otherwise, a class 2 felony, carrying:
|
| Assault in the second degree | If done in the sudden heat of passion, a class 5 felony, carrying:
Otherwise, a class 3 felony, carrying:
|
| Assault in the third degree | Class 6 felony, carrying:
|
| Caretaker neglect | Class 1 misdemeanor, carrying:
|
| Criminal exploitation | If the value is less than $500, a class 5 felony, carrying:
If the value is $500 or more, a class 3 felony, carrying:
|
| Criminal negligence | If death results, a class 4 felony carrying:
If serious bodily injury results, a class 5 felony, carrying:
If bodily injury results, a class 6 felony, carrying:
|
| False imprisonment | If done by physical restraints or done as part of a pattern in a locked or barricaded space, a class 6 misdemeanor, carrying:
Otherwise, a class 1 misdemeanor, carrying:
|
| Pick-pocketing | Class 4 felony, carrying:
|
| Robbery | Class 3 felony, carrying:
|
| Sexual assault | Class 2 felony, carrying:
|
| Sexual assault on a child | If done by force, threats, or intimidation, or is part of a pattern of sexual abuse, a class 2 felony, carrying:
Otherwise, a class 3 felony, carrying:
|
| Sexual assault on a client by a psychotherapist | If there is sexual penetration or sexual intrusion, a class 3 felony, carrying:
Otherwise, a class 6 felony, carrying:
|
| Sexual assault on a child by one in a position of trust | If the child is younger than 15, a class 2 felony, carrying:
If the child is 15 to 17, a class 3 felony, carrying:
|
| Theft | If the value is less than $500, a class 5 felony, carrying:
If the value is $500 or more, a class 3 felony, carrying:
|
| Unlawful abandonment | Class 1 misdemeanor, carrying:
|
| Unlawful sexual contact | If done by force, intimidation, or threats, or if done under the ruse of a medical exam, or if done on a child, a class 3 felony, carrying:
Otherwise, a class 6 felony, carrying:
|
Therefore, the exact same criminal actions can carry different penalties depending on the age of the victim and whether the victim has a disability.1
Example: Joel holds up the cashiers at two separate gas stations in Denver. One of the cashiers is 70 years old and is therefore considered an “at-risk person”. Consequently, Joel would face a class 3 felony for robbing the 70-year-old and a class 4 felony for robbing the other cashier, who was not an at-risk person.
A potential defense that could get criminal sentences reduced is to show that the victim is not in fact an at-risk person. Valuable evidence in these cases includes birth certificates and/or medical records.
Committing crimes against at-risk people carries higher penalties under CRS 18-6.5-103.
See our related article on elder abuse.
Legal References
- Colorado Revised Statute 18-6.5-103 CRS – Crimes against at-risk persons – classifications. See also People in Interest of B.D. (Co., 2020) 477 P.3d 143; Thomas v. People (Co., 2021) 500 P.3d 1095.