(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.
Source: L. 91: Entire article added, p. 1779, § 2, effective July 1. L. 93: Entire section amended, p. 1733, § 24, effective July 1. L. 95: (3) amended, p. 1254, § 14, effective July 1. L. 97: (7) added, p. 1539, § 2, effective July 1. L. 98: (5) amended and (8) added, pp. 1440, 1441, §§ 19, 24, effective July 1. L. 99: (6) amended, p. 799, § 20, effective July 1. L. 2000: (7)(a), (7)(b), and (7)(c) amended, p. 706, § 32, effective July 1. L. 2002: (4) amended, p. 1516, § 201, effective October 1. L. 2003: (4) amended, p. 1428, § 10, effective April 29. L. 2007: (5) amended, p. 2006, § 2, effective July 1. L. 2013: (5.5) and (7.5) added and (6) and (8) amended, (SB 13-111), ch. 233, p. 1122, § 4, effective May 16. L. 2014: (7.5) R&RE, (SB 14-098), ch. 103, p. 387, § 2, effective April 7. L. 2016: Entire section amended, (HB 16-1394), ch. 172, p. 547, § 3, effective July 1. L. 2019: (6) amended and (9) added, (SB 19-172), ch. 365, p. 3359, § 3, effective July 1.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (4), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in the 2013 act adding subsections (5.5) and (7.5) and amending subsections (6) and (8), see section 1 of chapter 233, Session Laws of Colorado 2013. For the legislative declaration in SB 19-172, see section 1 of chapter 365, Session Laws of Colorado 2019.
Notes of Decisions
People in the Interest of B.D, 2019 COA 57 (Colo. Ct. App. 2019).
· cites it 6× “1996) (analyzing section 18-6.5-103(4) — at-risk enhancement of robbery — and “find[ing] no indication that the General Assembly intended to require that a defendant act with knowledge of the age of a victim in order to be charged with a crime against an at-risk adult”); cf.”
People v. Madison, 176 P.3d 793 (Colo. Ct. App. 2007).
· cites it 9× “Second degree assault requires specific intent to cause bodily injury. Specific intent exists when a perpetrator’s “conscious objective is to cause the specific result proscribed by the statute defining the offense.”
People v. Garcia, 409 P.3d 312 (Colo. 2017).
· cites it 4× “¶14 Garcia was later arrested and charged with three counts: (1) Negligent Bodily Injury to an At-Risk Person, § 18-6.5-103(2)(e), C.R.S. (2017); (2) Neglect of an At-Risk Person, § 18-6.”
in the Interest of B.D, 2020 CO 87 (Colo. 2020).
· cites it 4× “Because the at-risk victim provision in section 18-6.5-103 is a strict liability sentence enhancer to the underlying crime of theft, B.”
People v. Lopez, 2018 COA 119 (Colo. Ct. App. 2018).
· cites it 19× “Lopez — Crimes — Theft; Criminal Law — Sentencing — Crimes Against At-Risk Persons In this criminal case, a division of the court of appeals interprets section 18-6.5-103, C.R.S. 2017, which enhances the penalties for theft when any element or portion of the offense is committed…”
People v. Renfro, 117 P.3d 43 (Colo. Ct. App. 2005).
· cites it 12× “One of these sections included § 18-6.5-103, which dealt with sexual assault involving at-risk adults.”
People v. McKinney, 99 P.3d 1038 (Colo. 2004).
· cites it 8× “Section 18-6.5-103(5) states that: 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 adult or an at-risk juvenile, commits a class 5…”
Weston Jefferson THOMAS v. The PEOPLE of the State of Colorado, 500 P.3d 1095 (Colo. 2021).
· cites it 8× “¶25 Relying on Reyna-Abarca 's subset test, Thomas argues that bodily injury-AR is a lesser included offense of third degree assault because, in his view, bodily injury-AR contains only elements that are also included in the elements of third degree assault:7 Bodily Injury-AR ,…”
People v. Lovato, 179 P.3d 208 (Colo. Ct. App. 2007).
· cites it 17× “2004), Lovato argues that we must vacate her conviction because the relevant statute, § 18-6.5-103(2), C.R.S.2006, creates a sentence enhancer and not a substantive offense.”
People v. Watkins, 126 P.3d 309 (Colo. Ct. App. 2005).
· cites it 15× “Section 18-6.5-103, C.R.S.2005, sets forth the classifications of crimes against at-risk juveniles.”
Page v. People, 2017 CO 88 (Colo. 2017).
· cites it 3× “(2017), but becomes a class 2 felony when committed against an at-risk adult, § 18-6.5-103(7)(a). A defendant can commit sexual assault by means of either intrusion or penetration.”
Vensor v. People, 151 P.3d 1274 (Colo. 2007).
· cites it 2× “, § 18-6.5-103(4), C.R.S. (2006) (“If the offender is convicted of robbery of an at-risk adult or an at-risk juvenile, the court shall sentence the defendant to the department of corrections for at least the presumptive sentence under 18-1.”
Colo. Rev. Stat. § 18-6.5-103(1): 2 cases
People v. Madison, 176 P.3d 793 (Colo. Ct. App. 2007).
“Second degree assault requires specific intent to cause bodily injury. Specific intent exists when a perpetrator’s “conscious objective is to cause the specific result proscribed by the statute defining the offense.”
People v. Watkins, 126 P.3d 309 (Colo. Ct. App. 2005).
“Section 18-6.5-103, C.R.S.2005, sets forth the classifications of crimes against at-risk juveniles.”
Colo. Rev. Stat. § 18-6.5-103(2): 2 cases
People v. Lovato, 179 P.3d 208 (Colo. Ct. App. 2007).
“2004), Lovato argues that we must vacate her conviction because the relevant statute, § 18-6.5-103(2), C.R.S.2006, creates a sentence enhancer and not a substantive offense.”
People v. Madison, 176 P.3d 793 (Colo. Ct. App. 2007).
“Second degree assault requires specific intent to cause bodily injury. Specific intent exists when a perpetrator’s “conscious objective is to cause the specific result proscribed by the statute defining the offense.”
Colo. Rev. Stat. § 18-6.5-103(2)(a): 2 cases
People v. Watkins, 126 P.3d 309 (Colo. Ct. App. 2005).
“Section 18-6.5-103, C.R.S.2005, sets forth the classifications of crimes against at-risk juveniles.”
People v. Lovato, 179 P.3d 208 (Colo. Ct. App. 2007).
“2004), Lovato argues that we must vacate her conviction because the relevant statute, § 18-6.5-103(2), C.R.S.2006, creates a sentence enhancer and not a substantive offense.”
Colo. Rev. Stat. § 18-6.5-103(2)(b): 2 cases
People v. Madison, 176 P.3d 793 (Colo. Ct. App. 2007).
“Second degree assault requires specific intent to cause bodily injury. Specific intent exists when a perpetrator’s “conscious objective is to cause the specific result proscribed by the statute defining the offense.”
People v. Lovato, 179 P.3d 208 (Colo. Ct. App. 2007).
“2004), Lovato argues that we must vacate her conviction because the relevant statute, § 18-6.5-103(2), C.R.S.2006, creates a sentence enhancer and not a substantive offense.”
Colo. Rev. Stat. § 18-6.5-103(2)(c): 1 case
People v. Lovato, 179 P.3d 208 (Colo. Ct. App. 2007).
“2004), Lovato argues that we must vacate her conviction because the relevant statute, § 18-6.5-103(2), C.R.S.2006, creates a sentence enhancer and not a substantive offense.”
Colo. Rev. Stat. § 18-6.5-103(2)(e): 2 cases
People v. Garcia, 409 P.3d 312 (Colo. 2017).
“¶14 Garcia was later arrested and charged with three counts: (1) Negligent Bodily Injury to an At-Risk Person, § 18-6.5-103(2)(e), C.R.S. (2017); (2) Neglect of an At-Risk Person, § 18-6.”
People v. Lovato, 179 P.3d 208 (Colo. Ct. App. 2007).
“2004), Lovato argues that we must vacate her conviction because the relevant statute, § 18-6.5-103(2), C.R.S.2006, creates a sentence enhancer and not a substantive offense.”
Colo. Rev. Stat. § 18-6.5-103(3): 1 case
Colo. Rev. Stat. § 18-6.5-103(3)(c): 2 cases
Colo. Rev. Stat. § 18-6.5-103(3)(e): 1 case
Colo. Rev. Stat. § 18-6.5-103(4): 6 cases
People in the Interest of B.D, 2019 COA 57 (Colo. Ct. App. 2019).
“1996) (analyzing section 18-6.5-103(4) — at-risk enhancement of robbery — and “find[ing] no indication that the General Assembly intended to require that a defendant act with knowledge of the age of a victim in order to be charged with a crime against an at-risk adult”); cf.”
Vensor v. People, 151 P.3d 1274 (Colo. 2007).
“, § 18-6.5-103(4), C.R.S. (2006) (“If the offender is convicted of robbery of an at-risk adult or an at-risk juvenile, the court shall sentence the defendant to the department of corrections for at least the presumptive sentence under 18-1.”
Colo. Rev. Stat. § 18-6.5-103(5): 10 cases
People in the Interest of B.D, 2019 COA 57 (Colo. Ct. App. 2019).
“1996) (analyzing section 18-6.5-103(4) — at-risk enhancement of robbery — and “find[ing] no indication that the General Assembly intended to require that a defendant act with knowledge of the age of a victim in order to be charged with a crime against an at-risk adult”); cf.”
People v. Lopez, 2018 COA 119 (Colo. Ct. App. 2018).
“Lopez — Crimes — Theft; Criminal Law — Sentencing — Crimes Against At-Risk Persons In this criminal case, a division of the court of appeals interprets section 18-6.5-103, C.R.S. 2017, which enhances the penalties for theft when any element or portion of the offense is committed…”
in the Interest of B.D, 2020 CO 87 (Colo. 2020).
“Because the at-risk victim provision in section 18-6.5-103 is a strict liability sentence enhancer to the underlying crime of theft, B.”
People v. McKinney, 99 P.3d 1038 (Colo. 2004).
“Section 18-6.5-103(5) states that: 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 adult or an at-risk juvenile, commits a class 5…”
Colo. Rev. Stat. § 18-6.5-103(6): 2 cases
People v. Garcia, 409 P.3d 312 (Colo. 2017).
“¶14 Garcia was later arrested and charged with three counts: (1) Negligent Bodily Injury to an At-Risk Person, § 18-6.5-103(2)(e), C.R.S. (2017); (2) Neglect of an At-Risk Person, § 18-6.”
People v. Madison, 176 P.3d 793 (Colo. Ct. App. 2007).
“Second degree assault requires specific intent to cause bodily injury. Specific intent exists when a perpetrator’s “conscious objective is to cause the specific result proscribed by the statute defining the offense.”
Colo. Rev. Stat. § 18-6.5-103(7): 2 cases
People v. Renfro, 117 P.3d 43 (Colo. Ct. App. 2005).
“One of these sections included § 18-6.5-103, which dealt with sexual assault involving at-risk adults.”
Colo. Rev. Stat. § 18-6.5-103(7)(a): 3 cases
People v. Renfro, 117 P.3d 43 (Colo. Ct. App. 2005).
“One of these sections included § 18-6.5-103, which dealt with sexual assault involving at-risk adults.”
Page v. People, 2017 CO 88 (Colo. 2017).
“(2017), but becomes a class 2 felony when committed against an at-risk adult, § 18-6.5-103(7)(a). A defendant can commit sexual assault by means of either intrusion or penetration.”
Colo. Rev. Stat. § 18-6.5-103(7)(b): 1 case
People v. Renfro, 117 P.3d 43 (Colo. Ct. App. 2005).
“One of these sections included § 18-6.5-103, which dealt with sexual assault involving at-risk adults.”
Colo. Rev. Stat. § 18-6.5-103(7)(c): 1 case
Colo. Rev. Stat. § 18-6.5-103(7)(e): 3 cases
Page v. People, 2017 CO 88 (Colo. 2017).
“(2017), but becomes a class 2 felony when committed against an at-risk adult, § 18-6.5-103(7)(a). A defendant can commit sexual assault by means of either intrusion or penetration.”
Colo. Rev. Stat. § 18-6.5-103(8): 1 case
People v. McKinney, 99 P.3d 1038 (Colo. 2004).
“Section 18-6.5-103(5) states that: 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 adult or an at-risk juvenile, commits a class 5…”
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