Reports of convictions to department of education

Colo. Rev. Stat. § 18-3-416, under Criminal Code.

Colo. Rev. Stat. § 18-3-416

When a person is convicted, pleads nolo contendere, or receives a deferred sentence for a violation of the provisions of this part 4 when the victim is a child and the court knows the person is a current or former employee of a school district in this state or holds a license or authorization pursuant to the provisions of article 60.5 of title 22, C.R.S., the court shall report such fact to the department of education.

Source: L. 90: Entire section added, p. 1025, � 6, effective July 1. L. 2000: Entire section amended, p. 1847, � 31, effective August 2.

18-3-417. Reports of sexual assault by applicants, registrants, or licensed professionals. When the director of the division of professions and occupations or a board or commission within the division of professions and occupations in the department of regulatory agencies refers a case to the office of expedited settlement or the office of the attorney general for disciplinary action related to an alleged offense described in this part 4, the office of expedited settlement or the office of the attorney general shall forward the victim's contact information to a victim's advocate in the office of the attorney general. The victim's advocate shall make reasonable efforts to advise the victim of the right to pursue criminal action, the right to pursue civil action, the applicable statutes of limitations, and contact information for the police, sheriff, and community-based resources in the jurisdiction where the alleged offense occurred. This provision shall not prohibit additional reporting of criminal offenses by the attorney general.

Source: L. 2007: Entire section added, p. 1109, � 1, effective May 23.

18-3-418. Unlawful electronic sexual communication - person in a position of trust - definitions. (1) An actor commits unlawful electronic sexual communication if the actor knowingly importunes, invites, or entices through communication via a computer network or system, telephone network, or data network or by a text message or instant message a person whom the actor knows or believes to be fifteen years of age or older but less than eighteen years of age and at least four years younger than the actor, and the actor committing the offense is one in a position of trust with respect to that person, to:

(a) Expose or touch the person's own or another person's intimate parts while communicating with the actor via a computer network or system, telephone network, or data network or by a text message or instant message; or

(b) Observe the actor's intimate parts via a computer network or system, telephone network, or data network or by a text message or instant message.

(2) An actor commits unlawful electronic sexual communication if the actor knowingly communicates over a computer or computer network, telephone network, or data network or by a text message or instant message to a person the actor knows or believes to be fifteen years of age or older but less than eighteen years of age and at least four years younger than the actor and, in that communication or in any subsequent communication by computer or computer network, telephone network, or data network or by text message or instant message, describes explicit sexual conduct as defined in section 18-6-403 (2)(e) and, in connection with that description, makes a statement persuading or inviting the person to meet the actor for any purpose, and the actor committing the offense is one in a position of trust with respect to that person.

(3) As used in this section, unless the context otherwise requires:

(a) Explicit sexual conduct has the same meaning as section 18-6-403 (2)(e).

(b) In connection with means communications that further, advance, promote, or have a continuity of purpose and may occur before, during, or after the invitation to meet.

(c) Position of trust has the same meaning as section 18-3-401 (3.5).

(4) (a) Unlawful electronic sexual communication in violation of subsection (1) of this section is a class 6 felony.

(b) Unlawful electronic sexual communication in violation of subsection (2) of this section is a class 6 felony; except that unlawful electronic sexual communication is a class 5 felony if committed with the intent to meet for the purpose of engaging in sexual exploitation as defined in section 18-6-403 or sexual contact as defined in section 18-3-401.

Source: L. 2019: Entire section added, (HB 19-1030), ch. 145, p. 1758, � 1, effective July 1.