As used in this article 11.7, unless the context otherwise requires:
(1) "Adult sex offender" means a person who has been convicted, as described in subsection (2)(a)(I), (2)(a)(II), or (2)(a)(IV) of this section, of a sex offense, but does not include a person who meets the definition of a "juvenile who has committed a sexual offense", as defined in subsection (1.5) of this section, unless the person has also been convicted of a sex offense committed on or after the day the person attained eighteen years of age or who is sentenced for a sex offense on or after the day the person attained twenty-one years of age.
(1.3) "Board" means the sex offender management board created in section 16-11.7-103.
(1.5) "Juvenile who has committed a sexual offense" means a juvenile who was less than eighteen years of age at the time of the sex offense and who has been adjudicated as a juvenile or who receives a deferred adjudication or who is sentenced prior to attaining twenty-one years of age after being criminally convicted in the district court pursuant to section 19-2-517 or 19-2-518 on or after July 1, 2002, or section 19-2.5-801 or 19-2.5-802 on or after October 1, 2021, for an offense that would constitute a sex offense, as defined in subsection (3) of this section, if committed as an adult, or a juvenile who has committed any offense, the underlying factual basis of which involves a sex offense.
(2) (a) "Sex offender" means any person who is:
(I) Convicted in the state of Colorado on or after January 1, 1994, of any sex offense as defined in subsection (3) of this section;
(II) Convicted in the state of Colorado on or after July 1, 2000, of any criminal offense, the underlying factual basis of which involves a sex offense;
(III) A juvenile who has committed a sexual offense; or
(IV) A person who:
(A) Was evaluated because of a discretionary request by a prosecuting attorney or court pursuant to section 16-11-102; and
(B) A court determines should undergo sex offender treatment based upon the recommendations of the evaluation and identification pursuant to section 16-11.7-104; and
(C) Is convicted in the state of Colorado on or after January 1, 1994, of any criminal offense and, if the person has previously been convicted of a sex offense as defined in subsection (3) of this section, in the state of Colorado; or if the person has previously been convicted in any other jurisdiction of any offense that would constitute a sex offense as defined in subsection (3) of this section; or if the person has a history of any sex offenses as defined in subsection (3) of this section.
(b) For purposes of this subsection (2), any person who receives a deferred judgment or deferred sentence for the offenses specified in this subsection (2) is deemed convicted.
(3) "Sex offense" means any of the following felony or misdemeanor offenses:
(a) (I) Sexual assault, in violation of section 18-3-402, C.R.S.; or
(II) Sexual assault in the first degree, in violation of section 18-3-402, C.R.S., as it existed prior to July 1, 2000;
(b) Sexual assault in the second degree, in violation of section 18-3-403, C.R.S., as it existed prior to July 1, 2000;
(c) (I) Unlawful sexual contact, in violation of section 18-3-404, C.R.S.; or
(II) Sexual assault in the third degree, in violation of section 18-3-404, C.R.S., as it existed prior to July 1, 2000;
(d) Sexual assault on a child, in violation of section 18-3-405, C.R.S.;
(e) Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.;
(f) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.;
(g) Enticement of a child, in violation of section 18-3-305, C.R.S.;
(h) Incest, in violation of section 18-6-301, C.R.S.;
(i) Aggravated incest, in violation of section 18-6-302, C.R.S.;
(j) Human trafficking of a minor for sexual servitude, as described in section 18-3-504 (2), C.R.S.;
(k) Sexual exploitation of children, in violation of section 18-6-403, C.R.S.;
(l) Procurement of a child for sexual exploitation, in violation of section 18-6-404, C.R.S.;
(m) Indecent exposure, in violation of section 18-7-302, C.R.S.;
(n) Soliciting for commercial sexual activity with a child, in violation of section 18-7-402;
(o) Pandering of a child, in violation of section 18-7-403, C.R.S.;
(p) Procurement of a child, in violation of section 18-7-403.5, C.R.S.;
(q) Keeping a place of commercial sexual activity with a child, in violation of section 18-7-404;
(r) Pimping of a child, in violation of section 18-7-405, C.R.S.;
(s) Inducement of commercial sexual activity with a child, in violation of section 18-7-405.5;
(t) Engaging in commercial sexual activity with a child, in violation of section 18-7-406;
(t.5) As each of the following offenses existed prior to July 1, 2026: Soliciting for child prostitution, in violation of section 18-7-402; keeping a place of child prostitution, in violation of section 18-7-404; inducement of child prostitution, in violation of section 18-7-405.5; or patronizing a prostituted child, in violation of section 18-7-406;
(u) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this subsection (3);
(v) Class 3 and class 4 felony internet luring of a child, in violation of section 18-3-306 (3);
(w) Internet sexual exploitation of a child in violation of section 18-3-405.4, C.R.S.;
(x) Public indecency, committed in violation of section 18-7-301 (2)(b), if a second offense is committed within five years of the previous offense or a third or subsequent offense is committed;
(y) Invasion of privacy for sexual gratification, as described in section 18-3-405.6;
(z) Unlawful electronic sexual communication, in violation of section 18-3-418; or
(aa) Unlawful sexual conduct by a peace officer, in violation of section 18-3-405.7.
(4) "Treatment" means therapy, monitoring, and supervision of any sex offender which conforms to the standards created by the board pursuant to section 16-11.7-103.
Source: L. 92: Entire article added, p. 455, § 3, effective June 2. L. 95: (4) amended, p. 465, § 10, effective July 1. L. 97: (2) amended, p. 1554, § 8, effective July 1. L. 98: (1) amended, p. 402, § 11, effective April 21. L. 2000: (2) amended, p. 920, § 9, effective July 1; (3)(a), (3)(b), and (3)(c) amended, p. 702, § 23, effective July 1. L. 2006: (3)(t) amended and (3)(v) and (3)(w) added, p. 2054, § 1, effective July 1. L. 2010: (3)(j) amended, (SB 10-140), ch. 156, p. 537, § 5, effective April 21; (3)(v) and (3)(w) amended and (3)(y) added, (SB 10-128), ch. 415, p. 2048, § 9, effective July 1; (3)(v) and (3)(w) amended and (3)(x) added, (HB 10-1334), ch. 359, p. 1709, § 4, effective August 11. L. 2011: (1) and (2)(a)(IV) amended and (1.3) and (1.5) added, (HB 11- 1138), ch. 236, p. 1015, § 2, effective May 27. L. 2014: (3)(j) amended, (HB 14-1273), ch. 282, p. 1153, § 11, effective July 1. L. 2019: IP, (3)(x), and (3)(y) amended and (3)(z) added (HB 19-1030), ch. 145, p. 1759, § 2, effective July 1; IP, (3)(x), and (3)(y) amended and (3)(aa) added (HB 19-1250), ch. 287, p. 2663, § 2, effective July 1. L. 2023: (1), (1.5), and (2)(a) amended, (SB 23-164), ch. 349, p. 2085, § 2, effective June 5. L. 2024: (1) amended, (HB 24-1450), ch. 490, p. 3408, § 23, effective August 7. L. 2026: IP(3), (3)(n), (3)(q), (3)(s), (3)(t), and (3)(v) amended and (3)(t.5) added, (SB 26-015), ch. 335, p. 2036, § 14, effective July 1.