As used in this part 10, unless the context otherwise requires:
(1) "Department" means the department of corrections.
(2) "Management board" means the sex offender management board created in section 16-11.7-103, C.R.S.
(3) "Parole board" means the state board of parole created in section 17-2-201, C.R.S.
(4) "Sex offender" means a person who is convicted of or pleads guilty or nolo contendere to a sex offense.
(5) (a) "Sex offense" means any of the following offenses:
(I) (A) Sexual assault, as described in section 18-3-402; or
(B) Sexual assault in the first degree, as described in section 18-3-402 as it existed prior to July 1, 2000;
(II) Sexual assault in the second degree, as described in section 18-3-403 as it existed prior to July 1, 2000;
(III) (A) Felony unlawful sexual contact, as described in section 18-3-404 (2); or
(B) Felony sexual assault in the third degree, as described in section 18-3-404 (2) as it existed prior to July 1, 2000;
(IV) Sexual assault on a child, as described in section 18-3-405;
(V) Sexual assault on a child by one in a position of trust, as described in section 18-3- 405.3;
(VI) Aggravated sexual assault on a client by a psychotherapist, as described in section 18-3-405.5 (1);
(VII) Enticement of a child, as described in section 18-3-305;
(VIII) Incest, as described in section 18-6-301;
(IX) Aggravated incest, as described in section 18-6-302;
(X) Patronizing a prostituted child, as described in section 18-7-406;
(XI) Class 4 felony internet luring of a child, in violation of section 18-3-306 (3);
(XII) Internet sexual exploitation of a child, in violation of section 18-3-405.4; or
(XIII) Class 3 felony unlawful sexual conduct by a peace officer, in violation of section 18-3-405.7.
(b) "Sex offense" also includes criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in paragraph (a) of this subsection (5) if such criminal attempt, conspiracy, or solicitation would constitute a class 2, 3, or 4 felony. Source: L. 2002: Entire article added with relocations, p. 1434, § 2, effective October 1. L. 2005: (5)(b) amended, p. 765, § 26, effective June 1. L. 2006: (5)(a)(XI) and (5)(a)(XII) added, p. 2055, § 3, effective July 1. L. 2012: (4) amended, (HB 12-1310), ch. 268, p. 1402, § 23, effective June 7. L. 2019: (5)(a)(XI) and (5)(a)(XII) amended and (5)(a)(XIII) added, (HB 19-1250), ch. 287, p. 2664, § 4, effective July 1.
Editor's note: This section is similar to former § 16-13-803 as it existed prior to 2002.
Notes of Decisions
Cited in
32
cases (
16 in the last 5 years), 2003–2026 · leading case:
People v. King, 151 P.3d 594 (Colo. Ct. App. 2006).
People v. King, 151 P.3d 594 (Colo. Ct. App. 2006).
· cites it 7× “Section 18-1.3-1003(4), C.R.S.2005. With exceptions not relevant here, a sex offender must be sentenced to an indeterminate term of at least the minimum of the presumptive range for the offense committed and a maximum of the sex offender’s natural life.”
People v. Jenkins, 305 P.3d 420 (Colo. Ct. App. 2013).
· cites it 3× “2, § 18-1.3-1003(4), 2002 Colo. Sess. Laws 1436 -37.”
Peo v. Houser, 2020 COA 128 (Colo. Ct. App. 2020).
“§§ 18-1.3-1003(5)(a), -1004(1)(a), C.R.S.”
v. Maloy, 2020 COA 71 (Colo. Ct. App. 2020).
“§§ 18-1.3-1003(5)(a)(X), -1004(1)(a), C.R.”
People v. Tillery, 231 P.3d 36 (Colo. Ct. App. 2009).
· cites it 2× “3-401(10): Notwithstanding the provisions of paragraph (a) of this subsection (1), any person convicted of a sex offense, as defined in section 18-1.3-1003(5), committed on or after November 1, 1998, that constitutes a crime of violence shall be sentenced to the department of…”
People v. Loveall, 231 P.3d 408 (Colo. 2010).
“The Act requires district courts to "sentence a sex offender to the custody of the [department of corrections] for an indeterminate term of at least the minimum of the presumptive range .”
People v. Whitman, 205 P.3d 371 (Colo. Ct. App. 2007).
· cites it 2× “§§ 18-1.3-1003(5)(a)(IV)-(V) & (IX), 18-1.”
In Re The PEOPLE of the State of Colorado v. Michael Anthony MANAOIS, 488 P.3d 1099 (Colo. 2021).
· cites it 5× “It also applies to a second category of offenses— "sex-related offenses" ; while the legislature excluded these offenses from the definition of "sex offense" under section 18-1.3-1003 (5) , it explicitly kept them within SOLSA 's ambit and made them subject to certain…”
People v. Oglethorpe, 87 P.3d 129 (Colo. Ct. App. 2003).
· cites it 2× “Because defendant pled guilty to enticement of a child, a sex offense under § 18-1.3-1003(5)(a)(VII), C.R.S. 2002, he was subject to sentencing under § 18-1.”
People v. Madden, 87 P.3d 153 (Colo. Ct. App. 2004).
· cites it 2× “However, to read the statute as referring to a nonexistent section would render § 18-1.3-1003(5)(b) meaningless and would lead to an absurd result.”
People v. Abdul-Rahman, 2024 COA 118 (Colo. Ct. App. 2024).
· cites it 4× “¶ 14 Section 17-2-103(2)(b) states that, after the parole revocation case is heard to a conclusion by one Board member, “[t]he parolee 1 The term “sex offender” is defined by section 18-1.3-1003(4) C.R.S. 2024. Sex offenders are subject to mandatory indeterminate sentencing for…”
— Colo. Rev. Stat. § 18-1.3-1003(4) — 11 cases
People v. King, 151 P.3d 594 (Colo. Ct. App. 2006).
“Section 18-1.3-1003(4), C.R.S.2005. With exceptions not relevant here, a sex offender must be sentenced to an indeterminate term of at least the minimum of the presumptive range for the offense committed and a maximum of the sex offender’s natural life.”
People v. Jenkins, 305 P.3d 420 (Colo. Ct. App. 2013).
“2, § 18-1.3-1003(4), 2002 Colo. Sess. Laws 1436 -37.”
People v. Abdul-Rahman, 2024 COA 118 (Colo. Ct. App. 2024).
“¶ 14 Section 17-2-103(2)(b) states that, after the parole revocation case is heard to a conclusion by one Board member, “[t]he parolee 1 The term “sex offender” is defined by section 18-1.3-1003(4) C.R.S. 2024. Sex offenders are subject to mandatory indeterminate sentencing for…”
— Colo. Rev. Stat. § 18-1.3-1003(5) — 7 cases
People v. Jenkins, 305 P.3d 420 (Colo. Ct. App. 2013).
“2, § 18-1.3-1003(4), 2002 Colo. Sess. Laws 1436 -37.”
People v. Tillery, 231 P.3d 36 (Colo. Ct. App. 2009).
“3-401(10): Notwithstanding the provisions of paragraph (a) of this subsection (1), any person convicted of a sex offense, as defined in section 18-1.3-1003(5), committed on or after November 1, 1998, that constitutes a crime of violence shall be sentenced to the department of…”
— Colo. Rev. Stat. § 18-1.3-1003(5)(a) — 3 cases
Peo v. Houser, 2020 COA 128 (Colo. Ct. App. 2020).
“§§ 18-1.3-1003(5)(a), -1004(1)(a), C.R.S.”
— Colo. Rev. Stat. § 18-1.3-1003(5)(a)(I) — 1 case
— Colo. Rev. Stat. § 18-1.3-1003(5)(a)(I)(A) — 2 cases
— Colo. Rev. Stat. § 18-1.3-1003(5)(a)(IV) — 4 cases
People v. Whitman, 205 P.3d 371 (Colo. Ct. App. 2007).
“§§ 18-1.3-1003(5)(a)(IV)-(V) & (IX), 18-1.”
— Colo. Rev. Stat. § 18-1.3-1003(5)(a)(V) — 3 cases
— Colo. Rev. Stat. § 18-1.3-1003(5)(a)(VII) — 3 cases
People v. Loveall, 231 P.3d 408 (Colo. 2010).
“The Act requires district courts to "sentence a sex offender to the custody of the [department of corrections] for an indeterminate term of at least the minimum of the presumptive range .”
People v. Oglethorpe, 87 P.3d 129 (Colo. Ct. App. 2003).
“Because defendant pled guilty to enticement of a child, a sex offense under § 18-1.3-1003(5)(a)(VII), C.R.S. 2002, he was subject to sentencing under § 18-1.”
— Colo. Rev. Stat. § 18-1.3-1003(5)(a)(X) — 2 cases
v. Maloy, 2020 COA 71 (Colo. Ct. App. 2020).
“§§ 18-1.3-1003(5)(a)(X), -1004(1)(a), C.R.”
— Colo. Rev. Stat. § 18-1.3-1003(5)(b) — 4 cases
People v. King, 151 P.3d 594 (Colo. Ct. App. 2006).
“Section 18-1.3-1003(4), C.R.S.2005. With exceptions not relevant here, a sex offender must be sentenced to an indeterminate term of at least the minimum of the presumptive range for the offense committed and a maximum of the sex offender’s natural life.”
People v. Madden, 87 P.3d 153 (Colo. Ct. App. 2004).
“However, to read the statute as referring to a nonexistent section would render § 18-1.3-1003(5)(b) meaningless and would lead to an absurd result.”
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