Sex Offenses / SOMB Attorneys

Colorado Springs Lawyers

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Sexual Offense Representation • Sex Offender Registry Issues

Colorado’s “indeterminate sentencing” for sex offenses means that you could be facing up to a life sentence for certain crimes – even if the minimum sentence is two years. Your attorney must know what to do on the front end of your case to avoid this harsh outcome later.

Colorado Springs attorney Allen Gasper is extensively familiar with the Sex Offender Management Board (SOMB) and the Sex Offender Specific Evaluations (SOSE), knowledge which may prove critical if you are convicted or plead guilty. He is also an accomplished criminal defense lawyer who has won numerous sex offense cases at trial and skillfully negotiated pleas in other cases to avoid prison.

The Gasper Law Group is a Colorado Springs law firm serving clients in El Paso County, Teller County and Arapahoe and Douglas counties. Call 719-227-7779 for a free consultation with Mr. Gasper. He has represented clients on all manner of sex offenses, including:

  • Sexual assault (rape/attempted rape)
  • Unlawful sexual contact (minor or vulnerable adult)
  • Sexual assault on a minor by someone in a position of trust
  • Online solicitation of a minor for sex
  • Possession or distribution of child pornography

Indeterminate Sentencing

Colorado Revised Statute, Section 18-1.3-1001 states:

“The general assembly hereby finds that the majority of persons who commit sex offenses, if incarcerated or supervised without treatment, will continue to present a danger to the public when released from incarceration and supervision… The general assembly therefore declares that a program under which sex offenders may receive treatment and supervision for the rest of their lives, if necessary, is necessary for the safety, health, and welfare of the state.”

All of the crimes listed above are subject to indeterminate sentence. If the State of Colorado determines you are likely to re-offend, they can simply keep you in prison, a treatment facility or halfway house indefinitely.

Trial or Deal? The Million-Dollar Question

Many of our cases involve consensual sex with persons who, by law, cannot consent to sex. Allen Gasper represented a married man accused of having sex with his stepdaughter. Although she was 18 and not related by blood, the prosecutors considered it unlawful sexual contact because of the familial relationship. That case was resolved out of court and without prison time.

In another case, Mr. Gasper represented a 19-year-old man accused of having sex with a 15-year-old girl who lied about her age. The girl’s sister also vouched that the “victim” was 18. The client was acquitted at trial.

The decision to take your chances with a jury or to negotiate a deal with prosecutors is always difficult. We carefully consider the strengths and weaknesses of the evidence, the potential penalties for conviction and what we know about the DA and the judge involved in your case. We can often work something out to avoid or minimize prison.

Sex Offender Registration

A conviction or plea for a sex offense lumps you with hardcore pedophiles. You will have to carry the stigma of “sexual offender” or “rapist” and spend perhaps the rest of your life jumping through hoops to satisfy the Sex Offender Management Board (SOMB). The decision to release you is based on a Sex Offense Specific Evaluation (SOSE) conducted by the SOMB. We hire experts to do our own evaluations, including lie detector tests. Additionally, our Chief Investigator, Mr. Mark C. Cohrs, has been involved in investigations since 1978, serving three years with the United States Army Military Police Corps and prior to going into private investigations, was an investigator with the El Paso County District Attorneys Office.

After a client is released from prison, the Gasper Law Group can represent you if you are at odds with the SOMB for failing to register with all the right agencies when you move, or failing to complete any element of a post-release treatment program. One simple violation can land you back behind bars without experienced representation.

Our lawyers work hard to fashion sentences that avoid indeterminate sentencing, and we will vigorously defend your rights to fair treatment in a system stacked against you. Contact us today for a free initial consultation.

We also handle divorce and family law matters for our clients. Managing Attorney, Carrie E. Kelly, heads the GLG division that practices in divorce and custody law.

Crimes subject to the indeterminate sentencing provisions of C.R.S. Section 18-1.3-1004 (offenses committed on or after November 1, 1998)

  1. Sexual assault, C.R.S. Section 18-3-402
  2. Sexual assault in the first degree, C.R.S. Section 18-3-402, as it existed prior to July 1, 2000
  3. Sexual assault in the second degree, C.R.S. Section 18-3-403, as it existed prior to July 1, 2000
  4. Felony unlawful sexual contact, C.R.S. Section 18-3-404(2)
  5. Felony sexual assault in the third degree, C.R.S. Section 18-3-404(2) as it existed prior to July 1, 2000
  6. Sexual assault on a child, C.R.S. Section 18-3-405
  7. Sexual assault on a child by one in a position of trust, C.R.S. Section 18-3-405.3
  8. Aggravated sexual assault on a client by a psychotherapist, C.R.S. Section 18-3-405.5(1)
  9. Enticement of a child, C.R.S. Section 18-3-305
  10. Incest, C.R.S. Section 18-6-301
  11. Aggravated incest, C.R.S. Section 18-6-302
  12. Patronizing a prostituted child, C.R.S. Section 18-7-406
  13. Attempt, conspiracy, or solicitation to commit any of these offenses if such attempt, conspiracy, or solicitation would constitute a class 2, 3 or 4 felony.

Unlawful sexual behavior requiring sex offender registration is as follows:

  1. Sexual assault, C.R.S. Section 18-3-402
  2. Sexual assault in the first degree, C.R.S. Section 18-3-402, as it existed prior to July 1, 2000
  3. Sexual assault in the second degree, C.R.S. Section 18-3-403, as it existed prior to July 1, 2000
  4. Felony unlawful sexual contact, C.R.S. Section 18-3-404(2)
  5. Felony sexual assault in the third degree, C.R.S. Section 18-3-404(2) as it existed prior to July 1, 2000
  6. Sexual assault on a child, C.R.S. Section 18-3-405
  7. Sexual assault on a child by one in a position of trust, C.R.S. Section 18-3-405.3
  8. Aggravated sexual assault on a client by a psychotherapist, C.R.S. Section 18-3-405.5(1)
  9. Enticement of a child, C.R.S. Section 18-3-305
  10. Incest, C.R.S. Section 18-6-301
  11. Aggravated incest, C.R.S. Section 18-6-302
  12. Trafficking in children, C.R.S. Section 18-6-402
  13. Sexual exploitation of children, C.R.S. Section 18-6-403
  14. Procurement of a child for sexual exploitation, C.R.S. Section 18-6-404
  15. Keeping a place of child prostitution, C.R.S. Section 18-7-404
  16. Pimping of a child, C.R.S. Section 18-7-405
  17. Inducement of child prostitution, C.R.S. Section 18-7-405.5
  18. Patronizing a prostituted child, C.R.S. Section 18-7-406
  19. Engaging in sexual conduct in a penal institution, C.R.S. Section 18-7-701
  20. Promotion of obscenity to a minor and wholesale promotion of obscenity to a minor, C.R.S. Section 18-7-102
  21. Any offense for which the underlying factual basis involves any of these offenses
  22. Attempt, conspiracy, or solicitation to commit any of these offenses
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