Enhanced Sentencing for Repeat Offenders of Certain Colorado Crimes

Many crimes in Colorado contain enhanced sentencing provisions when a person has one or more prior convictions for the same crime.

This article identifies the most common of those crimes and the actual section of the statute (law) is reprinted so that the reader can read something I strongly recommend if you are trying to learn the law the actual words of the crime itself and specifically just how the punishment is being enhanced.

1. Every person convicted in this state of first degree burglary, first degree burglary of controlled substances, or second degree burglary of a dwelling who, within ten years of the date of the commission of the said offense, has been previously convicted upon charges separately brought and tried, either in this state or elsewhere, of first degree burglary, first degree burglary of drugs or first degree burglary of controlled substances, or second degree burglary of a dwelling or, under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States, of a felony which, if committed within this state, would be first degree burglary, first degree burglary of drugs or first degree burglary of controlled substances, or second degree burglary of a dwelling shall be adjudged a habitual burglary offender and shall be sentenced to the department of corrections for a term of incarceration greater than the maximum in the presumptive range, but not more than twice the maximum term, provided for such offense in section 18-1.3-401(1) (a).
2. Every person convicted in this state of first degree burglary, first degree burglary of controlled substances, or second degree burglary of a dwelling who has been previously convicted of two or more felonies shall be subject to the applicable provisions of section 18-1.3-801. [HMS: this is the habitual criminal law here is al link to another article discussing the Colorado Habitual Criminal Laws]
3. In no case shall any person who is subject to the provisions of this section be eligible for suspension of sentence or probation.

2. Every person convicted in this state of an unlawful sexual offense who has been previously convicted upon charges prior to the commission of the present act , which were separately brought, either in this state or elsewhere, of an unlawful sexual offense or who has been previously convicted under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States of an unlawful act that, if committed within this state, would be an unlawful sexual offense shall be adjudged an habitual sex offender against children.
   If the second or subsequent unlawful sexual offense for which a defendant is convicted constitutes a misdemeanor, the court shall impose a sentence to the county jail of not less than three times the maximum sentence for that class misdemeanor as set out in section 18-1.3-501.

4. If the second or subsequent unlawful sexual offense for which a defendant is convicted constitutes a misdemeanor, the court shall impose a sentence to the county jail of not less than three times the maximum sentence for that class misdemeanor as set out in section 18-1.3-501.

2. 1. Failure to register as a sex offender is a class 6 felony if the person was convicted of felony unlawful sexual behavior, or of another offense, the underlying factual basis of which includes felony unlawful sexual behavior, or if the person received a disposition or was adjudicated for an offense that would constitute felony unlawful sexual behavior if committed by an adult, or for another offense, the underlying factual basis of which involves felony unlawful sexual behavior; except that any second or subsequent offense of failure to register as a sex offender by such person is a class 5 felony.

3. A person who commits stalking:
   1. Commits a class 5 felony for a first offense except as otherwise provided in subsection (5) of this section; or
   2. Commits a class 4 felony for a second or subsequent offense, if the offense occurs within seven years after the date of a prior offense for which the person was convicted.

3. Aggravated motor vehicle theft in the first degree is a:
   1. Class 5 felony if the value of the motor vehicle or motor vehicles involved is less than twenty thousand dollars;
      a.5 Class 4 felony if the value of the motor vehicle or motor vehicles involved is twenty thousand dollars or more but less than one hundred thousand dollars;
   2. Class 3 felony if the value of the motor vehicle or motor vehicles involved is more than one hundred thousand dollars or if the defendant has twice previously been convicted or adjudicated of charges separately brought and tried either in this state or elsewhere of an offense involving theft of a motor vehicle under the laws of this state, any other state, the United States, or any territory subject to the jurisdiction of the United States.
   4.5 Whenever a person is convicted of, pleads guilty or nolo contendere to, receives a deferred judgment or sentence for, or is adjudicated a juvenile delinquent for, a violation of this section, the offender’s driver’s license shall be revoked as provided in section 42-2- 125, C.R.S.

3. Any person convicted of felony theft, which felony theft was from a store, who within the immediately preceding four years was twice convicted of felony theft, which felony theft was each time from a store, shall be sentenced to at least the minimum term provided for such offense. A person convicted under this section shall not be eligible for probation or suspension of sentence.
4. The mandatory sentencing requirements specified in subsection (2) of this section shall not apply when the person is being sentenced pursuant to section 18-4-401(4).

3. 1. Except as provided in paragraphs (b) and (c) of this subsection (3), if the loss, damage, value of services, or thing of value taken, or cost of restoration or repair caused by a violation of this section is:
      1. Less than fifty dollars, computer crime is a class 1 petty offense;
      2. Fifty dollars or more but less than three hundred dollars, computer crime is a class 3 misdemeanor;
      3. Three hundred dollars or more but less than seven hundred fifty dollars, computer crime is a class 2 misdemeanor;
      4. Seven hundred fifty dollars or more but less than two thousand dollars, computer crime is a class 1 misdemeanor;
      5. Two thousand dollars or more but less than five thousand dollars, computer crime is a class 6 felony;
      6. Five thousand dollars or more but less than twenty thousand dollars, computer crime is a class 5 felony;
      7. Twenty thousand dollars or more but less than one hundred thousand dollars, computer crime is a class 4 felony;
      8. One hundred thousand dollars or more but less than one million dollars, computer crime is a class 3 felony; and
      9. One million dollars or more, computer crime is a class 2 felony.
   2. Computer crime committed in violation of paragraph (a) of subsection (1) of this section is a class 2 misdemeanor; except that, if the person has previously been convicted under this section, a previous version of this section, or a statute of another state of similar content and purport, computer crime committed in violation of paragraph (a) of subsection (1) of this section is a class 6 felony.

2. Every person convicted in this state of an act of child abuse who has been previously convicted upon charges prior to the commission of the present act, which were separately brought, either in this state or elsewhere, of an act of child abuse or who has been previously convicted under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States of an unlawful act which, if committed within this state, would be an act of child abuse shall be adjudged an habitual child abuser. If the second or subsequent act of child abuse for which a defendant is convicted constitutes a class 3 felony under section 18-6-401(7) (a) (II) or a class 4 felony under section 18-6- 401(7) (a) (IV), the sentence imposed shall be served in the department of corrections and shall not be less than the upper limit of the presumptive range for that class felony as set out in section 18-1.3-401. If the second or subsequent act of child abuse for which a defendant is convicted constitutes a misdemeanor, the sentence imposed shall be served in the county jail and shall not be less than the maximum sentence for that class misdemeanor as set out in section 18-1.3-501.

4. Any person who is subject to the provisions of this section shall not be eligible for probation or suspension of sentence or deferred prosecution.

5. 1. Except as provided in paragraph (b) of this subsection (5), sexual exploitation of a child is a class 3 felony.
   2. Sexual exploitation of a child by possession of sexually exploitative material pursuant to paragraph (b.5) of subsection (3) of this section is a class 6 felony; except that said offense is a class 4 felony if:
      1. It is a second or subsequent offense; or
      2. The possession is of a video, video tape, or motion picture or more than twenty different items qualifying as sexually exploitative material.

2. 1. Violation of a protection order is a class 2 misdemeanor; except that, if the restrained person has previously been convicted of violating this section or a former version of this section or an analogous municipal ordinance, or if the protection order is issued pursuant to section 18-1-1001, the violation is a class 1 misdemeanor.
      
      a.5 A second or subsequent violation of a protection order is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3- 501(3).

2. 1. Except as otherwise provided in paragraph (b) of this subsection (2), public indecency is a class 1 petty offense.
   2. Public indecency as described in paragraph (e) of subsection (1) of this section is a class 1 misdemeanor if the violation is committed subsequent to a conviction for a violation of paragraph (e) of subsection (1) of this section or for a violation of a comparable offense in any other state or in the United States, or for a violation of a comparable municipal ordinance.

4. Indecent exposure is a class 6 felony if the violation is committed subsequent to two prior convictions of a violation of this section or of a violation of a comparable offense in any other state or in the United States, or of a violation of a comparable municipal ordinance.

3. A person who knowingly possesses a dangerous weapon commits a class 5 felony. Each subsequent violation of this subsection (3) by the same person shall be a class 4 felony.

5. A second or subsequent offense under paragraphs (b) and (c) of subsection (2) and paragraphs (b) and (c) of subsection (4) of this section is a class 4 felony.

1. c.
   1. Illegal possession of a handgun by a juvenile is a class 2 misdemeanor.
   2. For any second or subsequent offense, illegal possession of a handgun by a juvenile is a class 5 felony.

1. d. A violation of this subsection (3) is an unclassified petty offense.

4. 1. Upon conviction of a first offense of subsection (3) of this section, the court shall sentence the underage person to a fine of not more than one hundred dollars, or the court shall order that the underage person complete a substance abuse education program approved by the division of behavioral health in the department of human services, or both.
   2. Upon conviction of a second offense of subsection (3) of this section, the court shall sentence the underage person to a fine of not more than one hundred dollars, and the court shall order the underage person to:

3. Any person violating any of the provisions of section 12-47-901(1) (b) or (1) (c) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 , C.R.S. For the second conviction and for all subsequent convictions of violating the provisions of section 12-47-901(1) (b) or (1) (c), the court shall impose at least the minimum fine and shall have no discretion to suspend any fine so imposed; except that the court may provide for the payment of such fine as provided in subsection (4) of this section.

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About The Author: H. Michael Steinberg Email The Author at [email protected] A Denver Colorado Criminal Defense Lawyer or call his office at 303-627-7777 during business hours or call his cell if you cannot wait and need his immediate assistance 720-220-2277.

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