In Colorado, most felonies have a penalty range with a minimum and maximum number of years in prison. With certain sex offenses, however, the court imposes “indeterminate sentencing,” which means your maximum sentence is life in prison.
Indeterminate sentencing became law with the passage of the Colorado Sex Offender Lifetime Supervision Act of 1998. Its purpose is to keep you in custody for as long as the state believes you remain a threat.
Then even if you respond to treatment and get released on parole or probation, you could still be subject to lifetime supervision.
In this article, our Denver Colorado criminal defense lawyers discuss the following topics:
- 1. What is a sex offender?
- 2. Sex Offender Crimes
- 3. Indeterminate Sentencing
- 4. Parole
- 5. Probation
- 6. Intensive Supervision
- 7. Sex Offender Registration
- Additional Resources
1. What is a sex offender?
A “sex offender” is a Colorado defendant convicted of a sex offense. It does not matter whether the conviction is by entering a plea of guilty (or no contest) or by being found guilty at trial.1
Indeterminate sentencing carries a potential life sentence.
2. Sex Offender Crimes
You will be considered a sex offender in Colorado if you are convicted of any of the following crimes:
- Sexual assault (CRS 18-3-402),
-
Sexual assault in the first degree (CRS 18-3-402 as it existed prior to July 1, 2000), - Sexual assault in the second degree (CRS 18-3-403 as it existed prior to July 1, 2000),
- Felony unlawful sexual contact (CRS 18-3-404(2)),
-
Felony sexual assault in the third degree (CRS 18-3-404(2) as it existed prior to July 1, 2000), - Sexual assault on a child (CRS 18-3-405),
- Sexual assault on a child by one in a position of trust (CRS 18-3-405.3),
- Aggravated sexual assault on a client by a psychotherapist (CRS 18-3-405.5(1)),
- Enticement of a child (CRS 18-3-305),
- Incest (CRS 18-6-301),
- Aggravated incest (CRS 18-6-302),
- Patronizing a prostituted child (CRS 18-7-406),
- Class 4 felony internet luring of a child (CRS 18-3-306(3)),
- Internet sexual exploitation of a child (CRS 18-3-405.4),
-
Class 3 felony unlawful sexual conduct by a peace officer (CRS 18-3-405.7), or - Any criminal attempt, conspiracy, or solicitation to commit the above if doing so would constitute a class 2, 3, or 4 felony.2
3. Indeterminate Sentencing
If you are convicted of a sex offense in Colorado, you face a maximum term of life in prison called “indeterminate sentencing.” Your minimum term depends on the “presumptive range” of the class of crime you were convicted of.
The following table shows the minimum prison sentences for Colorado sex crimes where the maximum term is life in prison.
| Colorado Sex Offense | Minimum Sentence (in general) |
| Most felonies | The presumptive minimum range for the particular felony:
Probation may be possible. |
| Crimes of violence | The midpoint in the presumptive range for the particular felony:
Probation is not possible. |
| Crimes that trigger “habitual sex offender against children” status | At least three times the upper limit of the presumptive range for the particular felony:
Probation is not possible. |
| Sexual penetration when you knew you had HIV, and HIV was transmitted | At least the upper limit of the presumptive range for the particular felony:
Probation is not possible. |
| Rape of a child under 12 years old, and you were at least 18 years old and at least 10 years older than the child |
Probation is not possible. |
In addition to incarceration, you will likely have to undergo treatment based on evaluations and recommendations by the:
- Department of Corrections (DOC),
- Judicial Department,
- Department of Human Services, and
- Division of Criminal Justice.
Note that if you are convicted of more than one crime arising out of the same incident, you must serve the sentences consecutively (one after the other).3
4. Parole
Once you complete your minimum required incarceration for a Colorado sex offense, you will be considered for parole release. The parole board will decide whether you have made sufficient progress in treatment and do not pose a community threat.
If you are released, the length of your parole depends on the class of your sex offense, as this table shows:
| Colorado Sex Offense | Parole Length |
| Class 4 felony | 10 years to life |
| Class 3 felony | 20 years to life |
| Class 2 felony | 20 years to life |
The primary condition of parole is participating in an intensive supervision parole program for sex offenders, discussed below in section 6.
After you complete the minimum required parole period, the Parole Board will determine whether to release you. If they do not, they will reassess every three years thereafter.4
Intensive supervision requires several conditions you have to abide by.
5. Probation
For some Colorado sex offenses, you may be granted probation instead of prison depending on your psychiatric evaluation, the pre-sentence report the probation department prepares for the judge, and other considerations.
The length of probation depends on the class of crime you were convicted of, as the following table shows:
| Colorado Sex Offense | Probation Length |
| Class 4 felony | 10 years to life |
| Class 3 felony | 20 years to life |
| Class 2 felony | 20 years to life |
One of the terms of your probation will be to participate in an intensive supervision program, discussed in the next section. In some cases, you first will be sentenced to a residential community corrections program, after which you would be placed in intensive supervision.
6. Intensive Supervision
Intensive supervision is required if you are released on parole or probation for a sex offense in Colorado. Typical terms include:
- severely restricted activities,
- electronic monitoring,
- daily contact between you and the community parole or probation officer,
- monitored curfew,
- home visitation,
- employment visitation and monitoring,
- drug and alcohol screening,
- treatment referrals and monitoring (including psychological monitoring), and
- payment of victim restitution.
Your level of supervision can be reduced if you show improvement, but it can also be increased again if you regress.
Intensive Supervision for Other Crimes
Intensive supervision may be required if you are released on parole for any of the crimes listed below. If you are on probation for any of the below-listed crimes, intensive supervision is required.
- Indecent exposure (CRS 18-7-302),
- Criminal attempt, conspiracy, or solicitation of any of the sex offenses listed above in section 2 if doing so constitutes a class 5 felony,
- Human trafficking of a minor for sexual servitude (CRS 18-3-504(2)),
- Sexual exploitation of children (CRS 18-6-403),
- Procurement of a child for sexual exploitation (CRS 18-6-404),
- Soliciting for child prostitution (CRS 18-7-402),
- Pandering of a child (CRS 18-7-403),
- Procurement of a child (CRS 18-7-403.5),
- Keeping a place of child prostitution (CRS 18-7-404),
- Pimping of a child (CRS 18-7-405),
- Inducement of child prostitution (CRS 18-7-405.5), or
- failure to register as a sex offender (CRS 18-3-412.5).
Intensive supervision is also required if you are on probation for either:
- Unlawful sexual conduct by a peace officer (CRS 18-3-405.7),
- Any felony offense that involves unlawful sexual behavior, or
- Sexual assault in the third degree, in violation of CRS 18-3-404 (2), as it existed prior to July 1, 2000.6
7. Sex Offender Registration
Sex offender registration is a requirement if you are convicted of any Colorado crime considered “unlawful sexual behavior.” This includes more crimes than the sex offenses discussed earlier in this article.
The following table shows how long you must register before you can petition for removal.
| Colorado Sex Crime | When You May Petition to Get Off the Sex Registry |
| Sexually violent predators (SVPs); or Felony sexual assault or incest; or At least two convictions of unlawful sexual behavior | Never |
| Other class 1, 2, and 3 felonies | After 20 years |
| Other class 4, 5, and 6 felonies; or Class 1 misdemeanor sexual assault or sexual contact | After 10 years |
| Other misdemeanors | After 5 years |
| Failure to register | After 1 year (in addition to the required years for the underlying sex crime) |
| Deferred sentence and adjudication; or You were a juvenile | After dismissal of the case |
Failing to register as a sex offender is a separate crime in Colorado. In addition to carrying incarceration and fines, it can also cause your parole or probation to be revoked.7
Additional Resources
For more information about Colorado sentencing laws, refer to the following:
- Colorado State Parole Board – Oversees parole decisions and supervises offenders’ reintegration into the community.
- Colorado’s Sex Offender Management Board – Develops standards and policies for the management and treatment of sex offenders.
- Office of Community Corrections – Manages programs providing alternative sentencing and reintegration support for offenders.
- Colorado Sentencing Laws – Colorado General Assembly – Establishes legal guidelines and penalties for criminal offenses in Colorado.
Legal References
- C.R.S. 18-1.3-1003. See also C.R.S. 18-1.3-1001 (“The general assembly hereby finds that the majority of persons who commit sex offenses, if incarcerated or supervised without treatment, will continue to present a danger to the public when released from incarceration and supervision. The general assembly also finds that keeping all sex offenders in lifetime incarceration imposes an unacceptably high cost in both state dollars and loss of human potential. The general assembly further finds that some sex offenders respond well to treatment and can function as safe, responsible, and contributing members of society, so long as they receive treatment and supervision. The general assembly therefore declares that a program under which sex offenders may receive treatment and supervision for the rest of their lives, if necessary, is necessary for the safety, health, and welfare of the state.”). See also People v. Dulac (Colo.App. 2024) 548 P.3d 1159; Moore v. 4th Jud. DA (Colo.App. 2024) 553 P.3d 900.
- C.R.S. 18-1.3-1003.
- C.R.S. 18-1.3.1004.
- C.R.S. 18-1.3-1005. C.R.S. § 18-1.3-1006.
- See note 3. C.R.S. 18-1.3-1007. C.R.S. 18-1.3.1008.
- See notes 4 and 5.
- CRS 18-3-412.5. CRS 16-22-103 – 113.