Sex Offenses

The Law Firm of Shayne & Gasper, LLC. is particularly adept at the Criminal Defense of Colorado's Sex Crime violations. Familiarity with the Sex Offender Management Board (SOMB), Sex-Offender Specific Evaluations (SOSE) and the defense of sex offenses is a necessity when considering a firm to represent a defendant in these matters. Allen C. Gasper and the Law Firm of Shayne & Gasper, LLC provides extensive experience in representing clients who face these serious charges. Colorado's "indeterminate sentencing provisions" provide situations where defendants are facing virtual life sentences without parole.

Colorado Revised Statute, Section 18-1.3-1001 states:

"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 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."

This provision in the State of Colorado makes sex offenses of any kind some of the most serious and penalized crimes in which a defendant can be charged. Retaining defense counsel that is intimately familiar with Colorado's Sex Offender Management Board (SOMB) and with the affirmative defenses applicable in such charges is critical. The Law Firm of Shayne & Gasper, LLC provides the knowledge and experience to handle such charges.

Crimes subject to the indeterminate sentencing provisions of C.R.S. Section 18-1.3-1004 (offenses committed on or after November 1, 1998)

  1. Sexual assault, C.R.S. Section 18-3-402
  2. Sexual assault in the first degree, C.R.S. Section 18-3-402, as it existed prior to July 1, 2000
  3. Sexual assault in the second degree, C.R.S. Section 18-3-403, as it existed prior to July 1, 2000
  4. Felony unlawful sexual contact, C.R.S. Section 18-3-404(2)
  5. Felony sexual assault in the third degree, C.R.S. Section 18-3-404(2) as it existed prior to July 1, 2000
  6. Sexual assault on a child, C.R.S. Section 18-3-405
  7. Sexual assault on a child by one in a position of trust, C.R.S. Section 18-3-405.3
  8. Aggravated sexual assault on a client by a psychotherapist, C.R.S. Section 18-3-405.5(1)
  9. Enticement of a child, C.R.S. Section 18-3-305
  10. Incest, C.R.S. Section 18-6-301
  11. Aggravated incest, C.R.S. Section 18-6-302
  12. Patronizing a prostituted child, C.R.S. Section 18-7-406
  13. Attempt, conspiracy, or solicitation to commit any of these offenses if such attempt, conspiracy, or solicitation would constitute a class 2, 3 or 4 felony.

Colorado Law provides for the registration of a defendant convicted of certain sex crimes. Unlawful sexual behavior requiring sex offender registration is as follows:

  1. Sexual assault, C.R.S. Section 18-3-402
  2. Sexual assault in the first degree, C.R.S. Section 18-3-402, as it existed prior to July 1, 2000
  3. Sexual assault in the second degree, C.R.S. Section 18-3-403, as it existed prior to July 1, 2000
  4. Felony unlawful sexual contact, C.R.S. Section 18-3-404(2)
  5. Felony sexual assault in the third degree, C.R.S. Section 18-3-404(2) as it existed prior to July 1, 2000
  6. Sexual assault on a child, C.R.S. Section 18-3-405
  7. Sexual assault on a child by one in a position of trust, C.R.S. Section 18-3-405.3
  8. Aggravated sexual assault on a client by a psychotherapist, C.R.S. Section 18-3-405.5(1)
  9. Enticement of a child, C.R.S. Section 18-3-305
  10. Incest, C.R.S. Section 18-6-301
  11. Aggravated incest, C.R.S. Section 18-6-302
  12. Trafficking in children, C.R.S. Section 18-6-402
  13. Sexual exploitation of children, C.R.S. Section 18-6-403
  14. Procurement of a child for sexual exploitation, C.R.S. Section 18-6-404
  15. Keeping a place of child prostitution, C.R.S. Section 18-7-404
  16. Pimping of a child, C.R.S. Section 18-7-405
  17. Inducement of child prostitution, C.R.S. Section 18-7-405.5
  18. Patronizing a prostituted child, C.R.S. Section 18-7-406
  19. Engaging in sexual conduct in a penal institution, C.R.S. Section 18-7-701
  20. Promotion of obscenity to a minor and wholesale promotion of obscenity to a minor, C.R.S. Section 18-7-102
  21. Any offense for which the underlying factual basis involves any of these offenses
  22. Attempt, conspiracy, or solicitation to commit any of these offenses