You know, it never ceases to amaze me how many people accidentally get caught committing crimes in Greeley, Fort Morgan, and Sterling through an unrelated and seemingly harmless act. For example, a 19-year-old pregnant girl applied for Medicaid to get prenatal care and ensure care for her son after his birth. However, in filling out the paperwork, she listed a 14-year-old boy as the father of the unborn child, triggering an investigation. It was discovered that the pregnant girl had met the boy at a McDonalds and she admitted to having sex with him around 20 times. They also sent naked photos of themselves to each other. She is being charged with Sexual Assault on a Child and Sexual Exploitation of a Child – two crimes that can carry heavy consequences in Weld County, Colorado.
Weld County Sexual Assault on a Child: What is the Definition of Sex Assault on a Child?
The Colorado law definition of Sexual Assault on a Child in Weld, Morgan, and Logan County – C.R.S. 18-3-405 – is:
Based on this definition, even though both the people involved in the relationship were teenagers, because the boy was under the age of fifteen and the girl was five years older than him, she is facing the serious felony charge of Sex Assault on a Child.
What is the Punishment for Sex Assault on a Child in Greeley?
Sexual Assault on a Child can be charged as a class 4 or class 3 felony depending on the circumstance. For the girl above, because she had sexual contact with her victim two or more times, she is considered to have committed a Pattern of Abuse, making her charge the more severe class 3 felony. In Greeley, Erie, and Evans, this class 3 felony Sexual Assault on a Child crime is punishable by an indeterminate sentence to the Colorado Department of Corrections (DOC). This means that the judge can sentence a minimum amount of time to be served, but the maximum is life, giving the parole board the ability to release a person at any time (or never) after they have reached their minimum. The class 3 felony Sexual Assault on a Child is punishable by 8 years to life in DOC.
Parental Rights and Sexual Assault on a Child: Can This Girl Keep Her Baby?
Potential prison sentence aside, there is another issue that can arise from Sexual Assault on a Child charges and that deals with parental rights of any child conceived because of the alleged crime. According to C.R.S. 18-3-405 (4) – Sexual Assault on a Child – if a child is conceived from a sex assault, the person charged with the crime has no right to that child if they are convicted or plead guilty to the offense:
(a) To notification of the termination of parental rights and no standing to object to the termination of parental rights for a child conceived as a result of the commission of that offense;
(b) To allocation of parental responsibilities, including parenting time and decision-making responsibilities for a child conceived as a result of the commission of that offense;
(c) Of inheritance from a child conceived as a result of the commission of that offense; and
(d) To notification of or the right to object to the adoption of a child conceived as a result of the commission of that offense.
So, the girl above is not only facing a significant prison sentence, she will most likely lose any rights to her child. Does this law make sense?
If you or someone you love has been charged with Sexual Assault on a Child, be smart, exercise your right to remain silent, and contact the best Greeley Sexual Assault on a Child attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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