Sex Crime Defense in Denver
If you are facing a sex crime allegation in Colorado, you are likely experiencing one of the most difficult moments of your life. The weight of the accusation alone can feel overwhelming—before any evidence is examined, before any court date is set. You may feel isolated, unsure who to talk to, and uncertain whether anyone will take your side.
We understand. Jolie Masterson and Jesse Hall have represented clients facing every type of sex crime allegation—from sexual assault and internet-based charges to accusations involving minors. We listen without judgment, we examine every piece of evidence, and we build the strongest possible defense. Everything you share with us is protected by attorney-client privilege. Your first step is a confidential conversation.
Colorado Sex Crime Laws
Colorado classifies sex offenses under Title 18 of the Colorado Revised Statutes. These are among the most severely punished offenses in the state, and the legal framework is complex—spanning multiple statutes, each with its own elements, classifications, and sentencing ranges.
Understanding which statute applies to your case is critical because it determines the potential penalties, whether indeterminate sentencing applies, and what registration obligations may follow a conviction.
Key Colorado Sex Crime Statutes
Sexual Assault — C.R.S. § 18-3-402 Colorado’s primary sexual assault statute covers a wide range of conduct. The baseline charge is a class 4 felony, but the classification escalates based on the circumstances:
- Class 4 felony (default): 2 to 8 years to life under indeterminate sentencing
- Class 3 felony: When the actor uses physical force or violence, or the victim is physically helpless — 4 to 12 years to life
- Class 2 felony: When multiple offenders are involved, a deadly weapon is used, or the victim suffers serious bodily injury — 8 to 24 years to life
Unlawful Sexual Contact — C.R.S. § 18-3-404 This statute covers sexual touching without penetration. It is typically charged as a class 1 misdemeanor (extraordinary risk crime), punishable by up to 364 days in jail and a $1,000 fine. However, if the contact involves force, intimidation, or threats, the charge elevates to a class 4 felony with 2 to 6 years in prison and fines up to $500,000.
Sexual Exploitation of a Child — C.R.S. § 18-6-403 This statute addresses the production, distribution, and possession of sexually exploitative material involving minors. Classifications vary by conduct:
- Class 3 felony (production or distribution): 4 to 12 years to life
- Class 4 felony (possession of video material): 2 to 6 years to life
- Class 5 felony (possession of still images): 1 to 3 years to life
Internet Sexual Exploitation of a Child — C.R.S. § 18-3-405.4 This statute targets online communication with a person the defendant knew or believed to be under 15 and at least four years younger than the defendant, for the purpose of sexual contact or exposure. It is a class 4 felony, carrying 2 to 6 years to life in prison.
Indecent Exposure — C.R.S. § 18-7-302 Knowingly exposing one’s genitals with intent to arouse or satisfy sexual desire under circumstances likely to cause alarm. It is a class 1 misdemeanor in most cases, but becomes a class 6 felony if the defendant has two prior convictions or if the victim is under 15 and the defendant is 18 or older.
Failure to Register as a Sex Offender — C.R.S. § 18-3-412.5 A separate criminal offense for individuals who fail to comply with Colorado’s sex offender registration requirements. It is a class 6 felony for those convicted of felony sex offenses, with second or subsequent violations charged as a class 5 felony.
Types of Sex Crime Charges We Defend
Our attorneys have defended clients against every category of sex offense prosecuted in Colorado. Each type of charge involves different evidence, different legal standards, and different defense strategies.
Sexual Assault
Sexual assault charges in Colorado range from class 6 felonies to class 2 felonies depending on the circumstances—the age of the alleged victim, the relationship between the parties, and whether force or weapons are alleged. These cases often involve conflicting accounts, delayed reporting, and forensic evidence that requires careful expert analysis. We have the trial experience to challenge every element of the prosecution’s case.
Sexual Exploitation of a Child (Child Pornography)
These charges typically arise from law enforcement investigations of internet activity, including peer-to-peer file sharing, undercover operations, and digital forensic analysis of electronic devices. The penalties are severe, and the evidence is almost entirely digital. Our defense approach focuses on challenging the forensic methodology, the scope of search warrants, and the attribution of digital activity to a specific individual.
Unlawful Sexual Contact
Unlawful sexual contact involves allegations of sexual touching without consent and without penetration. While often charged as a misdemeanor, the consequences are life-altering—including mandatory sex offender registration. Felony charges apply when force, threats, or victim incapacitation are alleged. These cases frequently turn on the credibility of competing accounts.
Internet Sex Crimes
Internet-based sex crime charges include internet sexual exploitation of a child, online solicitation, and sexting-related offenses. Many of these cases begin with undercover operations or sting operations where law enforcement initiates contact. Defense strategies often focus on entrapment, the defendant’s actual knowledge of the other person’s age, and the interpretation of online communications.
Failure to Register as a Sex Offender
Colorado requires individuals convicted of sex offenses to register with local law enforcement and update their information annually (or quarterly for those designated as sexually violent predators). A failure to register—even an inadvertent one—is a separate felony charge. We defend clients who face these allegations, including challenges to the underlying registration requirement itself.
Penalties and Sentencing for Sex Offenses in Colorado
Sex offense sentencing in Colorado operates differently from virtually every other category of crime. Understanding these differences is essential for anyone facing charges.
Indeterminate Sentencing
Under the Colorado Sex Offender Lifetime Supervision Act (C.R.S. § 18-1.3-1004), most felony sex offenses carry indeterminate sentences. This means the judge imposes a minimum prison term based on the felony classification, but the maximum sentence is the defendant’s natural life. There is no fixed release date. Instead, the Colorado Sex Offender Management Board and the Parole Board determine whether and when an offender may be released, based on treatment progress, risk assessments, and compliance with supervision conditions.
For example, a class 4 felony sexual assault conviction carries a minimum sentence of 2 to 8 years—but the actual time served could extend to life in prison. Even after release, supervision may continue indefinitely.
Sex Offender Registration
Every sex offense conviction in Colorado—including misdemeanor unlawful sexual contact and indecent exposure—requires registration on the Colorado Sex Offender Registry maintained by the Colorado Bureau of Investigation. Registration requirements vary:
- Five years for certain misdemeanor offenses
- Ten years for first-time felony offenses
- Lifetime registration for sexually violent predators (SVPs) and certain repeat offenders
Registrants must update their information annually (within five business days of their birthday), and SVPs must re-register every three months. Failure to comply is a separate felony.
Sexually Violent Predator (SVP) Designation
A court may designate an offender as a sexually violent predator based on the nature of the offense and a risk assessment. SVP designation carries the most restrictive registration and notification requirements, including quarterly registration, community notification, and lifetime supervision. The designation is extraordinarily difficult to remove.
Collateral Consequences
Beyond prison and registration, a sex offense conviction affects nearly every aspect of life:
- Employment: Many employers conduct background checks, and sex offender registration is publicly accessible. Entire industries—education, healthcare, childcare, government—are effectively closed.
- Housing: Federal and state housing restrictions limit where registered sex offenders can live. Many landlords and housing authorities prohibit applicants with sex offense convictions.
- Child custody and family law: A sex offense conviction can be grounds for loss of custody, restricted visitation, and termination of parental rights.
- Travel: International travel is restricted. Many countries deny entry to registered sex offenders, and U.S. law requires notification to authorities before international travel.
- Professional licensing: Bar admission, medical licenses, real estate licenses, and other professional credentials may be revoked or denied.
- Firearms: Felony sex offense convictions prohibit firearm possession under both state and federal law.
The stakes in a sex crime case extend far beyond the courtroom. Every aspect of defense strategy must account for these lifetime consequences.
Defense Strategies in Sex Crime Cases
Sex crime allegations require a defense built on meticulous investigation, expert analysis, and a thorough understanding of the prosecution’s burden. Every case is different, but our approach draws on strategies we have tested and refined across decades of trial experience.
Consent and Credibility
In many sexual assault and unlawful sexual contact cases, the central question is whether the alleged conduct was consensual. These cases frequently lack physical evidence and depend almost entirely on the credibility of the parties involved. We conduct thorough investigations into the circumstances surrounding the allegation—communications before and after the incident, witness accounts, and the accuser’s own statements over time.
Forensic Evidence Challenges
Physical and biological evidence in sex cases requires specialized scientific analysis. We work with forensic experts to challenge DNA evidence, sexual assault examination results, and toxicology findings. Forensic evidence is only as reliable as the collection methods, chain of custody, and laboratory procedures used to process it.
False Allegations
False accusations of sexual misconduct are a documented reality. They arise in contentious divorces, custody disputes, workplace conflicts, and other charged situations. We investigate the motive and context behind every allegation, including the accuser’s history, the timing of the report, and any inconsistencies in their account.
Digital Forensics
Internet sex crime cases and sexual exploitation charges depend heavily on digital evidence—IP addresses, device forensics, file metadata, browser histories, and communication logs. We retain digital forensics experts to examine the prosecution’s evidence, challenge the attribution of online activity, and identify flaws in the forensic process. Not every file on a device was knowingly accessed. Not every IP address identifies a single user.
Constitutional Challenges
Sex offense cases frequently involve search warrants for electronic devices, undercover operations that raise entrapment concerns, and registration requirements that have been challenged on due process and ex post facto grounds. We examine every stage of the investigation for constitutional violations—unlawful searches, coerced statements, improper interrogation techniques, and overreach by law enforcement.
Cross-Examination
The prosecution’s case in sex offense trials often depends on the testimony of a single witness. Effective cross-examination—conducted with precision and without alienating the jury—is one of the most important skills a defense attorney can bring to these cases. Both Jolie and Jesse have extensive trial experience cross-examining complaining witnesses, forensic examiners, and law enforcement officers in sex offense cases.
Our Experience Defending Sex Crime Cases
Sex crime cases demand attorneys who have actually tried these cases—not just negotiated pleas or filed motions, but stood before a jury and defended a client facing sex offense charges.
Jesse Hall secured a not-guilty verdict in a felony sexual assault trial—one of the most difficult results to achieve in criminal defense. He has also obtained dismissals at the preliminary hearing stage in sexual assault cases, ending prosecutions before they reached trial. Jesse’s experience with forensic evidence, including his published work on cell-tower tracking data and his role as a Cell-Tower Science Case Evaluator for the Office of Alternate Defense Counsel, brings a level of technical sophistication to evidence analysis that few defense attorneys can match.
Jolie Masterson has tried eight sex offense cases to verdict—a trial record that reflects both the trust her clients place in her and her willingness to take difficult cases to trial when the evidence warrants it. Across her 48 total trials, Jolie has earned 18 acquittals, and her experience with jury selection, witness examination, and trial strategy in sex cases is built on actual courtroom results.
Together, we have defended clients against every type of sex offense allegation prosecuted in Colorado. We know how these cases are investigated, how prosecutors build them, and where the weaknesses are.
Related Case Results
The outcomes below are from actual cases handled by our attorneys. Results vary based on the facts and circumstances of each case.
| Charge | Outcome | Attorney |
|---|---|---|
| Felony Sexual Assault | Not Guilty — Jury Verdict | Jesse Hall |
| Sexual Assault | Dismissed at Preliminary Hearing | Jesse Hall |
| Additional sex offense trial results | To be added | Jolie Masterson |
Frequently Asked Questions
Will I have to register as a sex offender if I'm convicted?
Yes. Every sex offense conviction in Colorado—including misdemeanor offenses like unlawful sexual contact and indecent exposure—requires registration on the Colorado Sex Offender Registry. The duration ranges from five years to life, depending on the offense classification and whether you are designated a sexually violent predator. Registration is public, and it affects employment, housing, travel, and custody. One of the most important goals of a strong defense is avoiding a conviction that triggers registration in the first place.
What is indeterminate sentencing?
Indeterminate sentencing under the Colorado Sex Offender Lifetime Supervision Act means that most felony sex offense convictions carry a minimum prison term based on the felony class and a maximum sentence of the defendant’s natural life. There is no guaranteed release date. The Parole Board determines when—or whether—you are released, based on treatment progress and risk assessments. For example, a class 4 felony carries 2 to 8 years as the minimum range, but the actual sentence extends to life.
Can sex offense charges be sealed from my record?
Colorado law is restrictive when it comes to sealing sex offense records. Convictions for most felony sex offenses cannot be sealed. If your case results in a dismissal or acquittal, you may be eligible to have the records sealed. Colorado has also enacted a deregistration process for certain offenders who have completed their sentence and registration period. Our attorneys can evaluate your eligibility and guide you through the process. Learn more about record sealing at /practice-areas/record-sealing-expungement/.
What should I do if I'm falsely accused of a sex crime?
Contact a defense attorney immediately—before speaking with law enforcement or anyone else about the allegation. Anything you say, even in an attempt to explain or defend yourself, can be used against you. Do not contact the accuser. Do not post about the situation on social media. Do not consent to a search of your phone, computer, or home without speaking to an attorney first. Early intervention by a defense attorney can preserve evidence, identify witnesses, and in some cases prevent charges from being filed.
How does a sex crime conviction affect my life beyond prison?
The collateral consequences of a sex offense conviction are among the most severe in the criminal justice system. Sex offender registration is public and, in many cases, permanent. It restricts where you can live, where you can work, and whether you can travel internationally. It can be grounds for loss of child custody, revocation of professional licenses, and denial of educational opportunities. A felony conviction also prohibits firearm possession. These consequences persist long after any prison sentence is served—which is why the defense strategy must account for them from the beginning.
Will my case go to trial?
Not every sex crime case goes to trial, but every case must be prepared as if it will. Many sex offense cases are resolved through negotiation—sometimes resulting in reduced charges, alternative dispositions, or dismissals. But the strength of your negotiating position depends directly on the strength of your trial preparation. Prosecutors know which attorneys will actually take a case to trial. Between us, we have tried sex offense cases to verdict repeatedly, and that willingness is reflected in every aspect of how we handle your case.
Can I be charged based solely on someone's accusation?
Colorado law does not require physical evidence or corroboration to file sex crime charges. An accusation alone can be sufficient for an arrest, charges, and prosecution. That is precisely why the defense must be thorough—investigating the accuser’s credibility, the circumstances of the allegation, the consistency of their statements, and any motive to fabricate. We treat every case with the seriousness it demands, regardless of what evidence the prosecution does or does not have.
Speak With a Defense Attorney in Confidence
If you are facing a sex crime allegation in Colorado, the most important thing you can do right now is speak with an experienced defense attorney. Everything you tell us is confidential, and there is no obligation.
Call (720) 445-5505
Or request a confidential consultation through our secure online form. We respond to all inquiries promptly.
Masterson Hall defends clients facing criminal charges throughout the Denver metro area and across Colorado, including in Jefferson County, Arapahoe County, Adams County, Douglas County, and the U.S. District Court for the District of Colorado.