Colorado statute

C.R.S. § 18-6.5-103 — Crimes against at-risk persons - classifications.

Current through 2025 Regular Session

Part of Article 6.5: Wrongs to At-risk Adults, Colorado Revised Statutes.

Criminal charges under this statute

Crimes against at-risk persons

Full text of C.R.S. § 18-6.5-103

Statutory text current through the 2025 Regular Session. This is an officially sanctioned publication using the official text of the Colorado Revised Statutes; it is not the official statutes of the State of Colorado.

C.R.S. § 18-6.5-103Primary source, current through the 2025 Regular Session

(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.

Official sources

Legal terms used in this section

Questions this section answers

Is crimes against at-risk persons a felony or a misdemeanor in Colorado?

It depends on the circumstances: crimes against at-risk persons ranges from a class 1 misdemeanor to a class 2 felony in Colorado under C.R.S. § 18-6.5-103.

Criminal negligence resulting in death: class 4 felony (C.R.S. § 18-6.5-103(2)(a)) · Criminal negligence resulting in serious bodily injury: class 5 felony (C.R.S. § 18-6.5-103(2)(b)) · Criminal negligence resulting in bodily injury: class 6 felony (C.R.S. § 18-6.5-103(2)(c)) · First degree assault on at-risk person — aggravating circumstances present: class 4 felony (C.R.S. § 18-6.5-103(3)(a)) · First degree assault on at-risk person — no aggravating circumstances: class 2 felony (C.R.S. § 18-6.5-103(3)(a)) · Second degree assault on at-risk person — aggravating circumstances present: class 5 felony (C.R.S. § 18-6.5-103(3)(b)) · Second degree assault on at-risk person — no aggravating circumstances: class 3 felony (C.R.S. § 18-6.5-103(3)(b)) · Third degree assault on at-risk person: class 6 felony (C.R.S. § 18-6.5-103(3)(c)) · Robbery of at-risk person: class 3 felony (C.R.S. § 18-6.5-103(4)) · Theft from/against at-risk person — value under $500: class 5 felony (C.R.S. § 18-6.5-103(5)) · Theft from/against at-risk person — value $500 or more: class 3 felony (C.R.S. § 18-6.5-103(5)) · Theft from the person of an at-risk person (no force): class 4 felony (C.R.S. § 18-6.5-103(5)) · Caretaker neglect or injurious conduct toward at-risk person: class 1 misdemeanor (C.R.S. § 18-6.5-103(6)(a)) · Unlawful abandonment of at-risk person: class 1 misdemeanor (C.R.S. § 18-6.5-103(6)(b)) · Sexual assault (first degree, pre-2000) on at-risk person: class 2 felony (C.R.S. § 18-6.5-103(7)(a)) · Sexual assault second degree (pre-2000) on at-risk person: class 3 felony (C.R.S. § 18-6.5-103(7)(b)) · Unlawful sexual contact/third degree sexual assault on at-risk person — base: class 6 felony (C.R.S. § 18-6.5-103(7)(c)) · Unlawful sexual contact/third degree sexual assault on at-risk person — aggravated: class 3 felony (C.R.S. § 18-6.5-103(7)(c)) · Sexual assault on a child (at-risk juvenile) — base: class 3 felony (C.R.S. § 18-6.5-103(7)(d)) · Sexual assault on a child (at-risk juvenile) — aggravated: class 2 felony (C.R.S. § 18-6.5-103(7)(d)) · Sexual assault on child by one in position of trust — victim under 15: class 2 felony (C.R.S. § 18-6.5-103(7)(e)) · Sexual assault on child by one in position of trust — victim 15-17: class 3 felony (C.R.S. § 18-6.5-103(7)(e)) · Sexual assault on client by psychotherapist — aggravated: class 3 felony (C.R.S. § 18-6.5-103(7)(f)) · Sexual assault on client by psychotherapist — base: class 6 felony (C.R.S. § 18-6.5-103(7)(f)) · Criminal exploitation of at-risk person — value $500 or more: class 3 felony (C.R.S. § 18-6.5-103(7.5)(b)) · Criminal exploitation of at-risk person — value under $500: class 5 felony (C.R.S. § 18-6.5-103(7.5)(b)) · False imprisonment of at-risk person — locked/restrained confinement: class 6 felony (C.R.S. § 18-6.5-103(9)(c)(I)) · False imprisonment of at-risk person — force/threat/intimidation: class 1 misdemeanor (C.R.S. § 18-6.5-103(9)(c)(II))

Which Colorado statute covers crimes against at-risk persons?

Crimes against at-risk persons is governed by C.R.S. § 18-6.5-103 (Crimes against at-risk persons - classifications).

This reference is informational and is not legal advice.