November 28, 2015

Colorado Supreme Court: Relationship Prong of Sexually Violent Predator Determination Can Be Satisfied by Totality of Circumstances

The Colorado Supreme Court issued its opinion in Candelaria v. People on Monday, July 1, 2013.

Sexually Violent Predator—CRS § 18-3-414.5(1)(a)(III)—Specific Intent.

The Supreme Court held that an offender need not specifically intend to establish or promote a relationship with the victim primarily for the purpose of sexual victimization to satisfy the relationship criterion of the sexually violent predator statute, CRS § 18-3-414.5(1)(a)(III). The Court accordingly overruled the court of appeals’ decision in People v. Stead, 66 P.3d 117 (Colo.App. 2002), to the extent that it conflicts with this holding. In addition, the Court upheld the court of appeals’ judgment affirming the trial court’s specific findings and resulting designation of petitioner as a sexually violent predator.

Summary and full case available here.

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