Colorado § 18-1.3-1003 - Definitions.

§ 18-1.3-1003. Definitions.

As used in this part 10, unless the context otherwise requires:

(1) "Department" means the department of corrections.

(2) "Management board" means the sex offender management board created in section 16-11.7-103, C.R.S.

(3) "Parole board" means the state board of parole created in section 17-2-201, C.R.S.

(4) "Sex offender" means a person who is convicted of or pleads guilty or nolo contendere to a sex offense.

(5) (a) "Sex offense" means any of the following offenses:

(I) (A) Sexual assault, as described in section 18-3-402; or

(B) Sexual assault in the first degree, as described in section 18-3-402 as it existed prior to July 1, 2000;

(II) Sexual assault in the second degree, as described in section 18-3-403 as it existed prior to July 1, 2000;

(III) (A) Felony unlawful sexual contact, as described in section 18-3-404 (2); or

(B) Felony sexual assault in the third degree, as described in section 18-3-404 (2) as it existed prior to July 1, 2000;

(IV) Sexual assault on a child, as described in section 18-3-405;

(V) Sexual assault on a child by one in a position of trust, as described in section 18-3-405.3;

(VI) Aggravated sexual assault on a client by a psychotherapist, as described in section 18-3-405.5 (1);

(VII) Enticement of a child, as described in section 18-3-305;

(VIII) Incest, as described in section 18-6-301;

(IX) Aggravated incest, as described in section 18-6-302;

(X) Engaging in commercial sexual activity with a child, as described in section 18-7-406; or patronizing a prostituted child, as described in section 18-7-406, as it existed prior to July 1, 2026;

(XI) Class 3 and class 4 felony internet luring of a child, in violation of section 18-3-306 (3);

(XII) Internet sexual exploitation of a child, in violation of section 18-3-405.4; or

(XIII) Class 3 felony unlawful sexual conduct by a peace officer, in violation of section 18-3-405.7.

(b) "Sex offense" also includes criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in paragraph (a) of this subsection (5) if such criminal attempt, conspiracy, or solicitation would constitute a class 2, 3, or 4 felony.

Source: L. 2002: Entire article added with relocations, p. 1434, § 2, effective October 1. L. 2005: (5)(b) amended, p. 765, § 26, effective June 1. L. 2006: (5)(a)(XI) and (5)(a)(XII) added, p. 2055, § 3, effective July 1. L. 2012: (4) amended, (HB 12-1310), ch. 268, p. 1402, § 23, effective June 7. L. 2019: (5)(a)(XI) and (5)(a)(XII) amended and (5)(a)(XIII) added, (HB 19-1250), ch. 287, p. 2664, § 4, effective July 1. L. 2026: (5)(a)(X) and (5)(a)(XI) amended, (SB 26-015), ch. 335, p. 2039, § 19, effective July 1.

Editor's note: This section is similar to former § 16-13-803 as it existed prior to 2002.

Cross references: For the legislative declaration in SB 26-015, see section 1 of chapter 335, Session Laws of Colorado 2026.

ANNOTATION

Law reviews. For article, "Adult Parole in Colorado: An Overview", see 44 Colo. Law. 37 (May 2015).

Conviction of any offense listed in subsection (5) must result in a mandatory indeterminate sentence under § 18-1.3-1004. People v. Harrison, 165 P.3d 859 (Colo. App. 2007).

Criminal attempt to commit a sexual assault is considered a sex offense if the attempt constitutes a class 2, 3, or 4 felony. People v. King, 151 P.3d 594 (Colo. App. 2006).