Colorado § 18-6.5-101 - Legislative declaration.

§ 18-6.5-101. Legislative declaration.

The general assembly recognizes that fear of mistreatment is one of the major personal concerns of at-risk persons and that at-risk persons are more vulnerable to and disproportionately damaged by crime in general but, more specifically, by abuse, exploitation, and neglect because they are less able to protect themselves against offenders, a number of whom are in positions of trust, and because they are more likely to receive serious injury from crimes committed against them and not to fully recover from such injury. At-risk persons are more impacted by crime than the general population because they tend to suffer great relative deprivation, financially, physically, and psychologically, as a result of the abuses against them. A significant number of at-risk persons are not as physically, intellectually, or emotionally equipped to protect themselves or aid in their own security as non-at-risk persons in society. They are far more susceptible than the general population to the adverse long-term effects of crimes committed against them, including abuse, exploitation, and neglect. The general assembly therefore finds that penalties for specified crimes committed against at-risk persons should be more severe than the penalties for the commission of the same crimes against other members of society.

Source: L. 91: Entire article added, p. 1778, § 2, effective July 1. L. 93: Entire section amended, p. 1733, § 22, effective July 1. L. 2016: Entire section amended, (HB 16-1394), ch. 172, p. 545, § 1, effective July 1.

ANNOTATION

The legislative declaration focuses on the at-risk victim's inability to protect himself or herself as effectively from crime, compared to a victim who does not have at-risk status. The declaration does not mention that the goal of this article is to serve as a deterrent to would-be criminals or focus on an offender's awareness of a victim's at-risk status. People v. Nardine, 2016 COA 85, 409 P.3d 441.