Statue Of Limitations

Statute of Limitations

Statute of limitations generally refers to the length of time prosecutors have to bring charges against a defendant, as measured either by the date a crime was committed or the date it came to the attention of law enforcement. In certain cases involving children, it can also refer to the passage of time since an alleged victim’s 18th birthday.

Denver Sex Offender Defense Attorney Andre Guevara continues to see the state push cases involving sex offenses long after a crime was allegedly committed. The advent and application of DNA evidence and other forensic science mean authorities continue to identify alleged defendants years after a crime was reported. Constant changes to the law can also impact a defendant’s case and the statute of limitations that applies.

Denver Sex Crimes: Statute of Limitations Defense

The statute of limitations for Colorado sex crimes is different, depending on the charges. This too can impact a client’s defense, particularly when the state attempts to charge a defendant in a manner that bypasses the time limits in place on a more appropriate charge. For instance, some sex offenses against children have no statute of limitations, and can therefore be prosecuted for life.

  • Felony Sex Charges: 10-year statute of limitations.
  • Victims Under 18: Prosecutors have until 10 years after a victim turns 18 to file charges of felony sexual assault or unlawful sexual contact with a minor.
  • Failure to Register: The state has three years to file a charge of failure to register as a sex offender against children.
  • Misdemeanor Charges: Of sexual assault and unlawful sexual conduct must be filed within 5 years of the commission of the crime.
  • Other Misdemeanor Sex Charge: Must be filed within 18 months.
  • DNA Exception: When a defendant is identified by DNA evidence, there is no time limit for prosecution as long as the crime was reported to law enforcement within 10 years of occurrence.

Denver Defense: Sex Crimes with No Statute of Limitations

Certain sex crimes against children have no statute of limitations. These include:

  • Child Enticement
  • Sexual Assault, victim under 15
  • Sexual Assault on a Child/Position of Trust
  • Aggravated Incest
  • Trafficking in Children
  • Child Sexual Exploitation
  • Felony Indecent Exposure
  • Soliciting Child Prostitution
  • Pandering of a Child
  • Child Procurement
  • Keeping a Place of Child Prostitution
  • Pimping of a Child
  • Child Inducement
  • Patronizing a Prostituted Child
  • Internet Luring of a Child
  • Internet Sexual Exploitation of a Child

 

If you are being investigated for a sex crime in Colorado, or have been charged, please seek the advice of an experienced Denver defense attorney immediately. Don’t talk to authorities. Don’t attempt to negotiate with investigators or the prosecutors. Don’t go it alone. Seeking professional legal help offers the best bet to protect your rights, and your freedom.

The Law Office of Andre R. Guevara represents clients facing criminal sex charges in Denver and the surrounding areas, including Aurora, Boulder and Englewood. Each member of our team is committed to keeping you informed and involved in your defense and to fighting for the best outcome possible in your case. For a free and confidential consultation, call 720-379-8262 or contact us through this website.

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