May 25, 2019

HB 14-1260: Adjusting Presumptive Ranges for Sexual Intrusion Crimes Against Children 12 and Under When Perpetrator is At Least 10 Years Older

On February 3, 2014, Rep. Mike Foote and Sen. Mike Johnston introduced HB 14-1260 – Concerning the Creation of Three Mandatory Minimum Presumptive Ranges for Defendants Convicted of a Felony Sex Offense Involving Intrusion Against a Child who is Under 12 Years of Age when the Adult Defendant is at Least 10 Years Older that has One of the Ranges Starting at 10 Years as the Minimum in the Range, and, in Connection Therewith, Creating an Indeterminate Lifetime Sentence with a Mandatory Minimum Presumptive Range of 10 to 16 Years for a Class 4 Felony; a Mandatory Minimum Presumptive Range of 18 to 32 Years for a Class 3 Felony; and a Mandatory Minimum Presumptive Range of 24 to 48 Years for a Class 2 FelonyThis summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill requires a court to impose a sentence within an indeterminate minimum presumptive range to a maximum of the offender’s life upon an adult offender if he or she commits a class 2, class 3, or class 4 felony sexual assault that includes intrusion or penetration against a child who is under 12 years of age at the time of the offense and the offender is at least 10 years older than the child. For a class 2 felony the presumptive range is 24 to 48 years, for a class 3 felony it is 18 to 32 years, and for a class 4 felony it is 10 to 16 years.

The bill passed out of the House on March 18. On March 21, the bill was assigned to the Senate Judiciary and Appropriations Committees.

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