2021 Colorado Code
Title 18 - Criminal Code
Article 1.3 - Sentencing in Criminal Cases
Part 9 - Sentencing of Sex Offenders
§ 18-1.3-903. Definitions

As used in this part 9, unless the context otherwise requires:

1. “Board” means the state board of parole.
2. “Conviction” means conviction after trial by court or jury or acceptance of a plea of guilty.
3. “Department” means the department of corrections.
4. “Sex offender” means a person convicted of a sex offense.
5. “Sex offense” means sexual assault, except misdemeanor sexual assault in the third degree, as set forth in section 18-3-404 (2), as it existed prior to July 1, 2000; sexual assault on a child, as defined in section 18-3-405; aggravated incest, as defined in section 18-6-302; and an attempt to commit any of the offenses mentioned in this subsection (5).

History. Source: L. 2002: Entire article added with relocations, p. 1431, § 2, effective October 1. L. 2008: (5) amended, p. 1890, § 56, effective August 5.

This section is similar to former § 16-13-202 as it existed prior to 2002.

Law reviews. For article, “Colorado Felony Sentencing”, see 11 Colo. Law. 1478 (1982).

Annotator's note. Since § 18-1.3-903 is similar to § 16-13-202 as it existed prior to the 2002 relocation of certain criminal sentencing provisions, relevant cases construing that provision have been included in the annotations to this section.

When indeterminate commitment authorized in lieu of imprisonment. When the requisite proscribed intent accompanying an unauthorized intrusion is that of seeking to accomplish one of the sex offenses enumerated in subsection (5), a district court may order an indeterminate commitment under § 16-13-203 , in lieu of imprisonment. People v. Ingram, 40 Colo. App. 518, 582 P.2d 689 (1978).

Applied in People v. White, 656 P.2d 690 (Colo. 1983).