1983 Statutory Revisions in the Criminal Field
| Jurisdiction | Colorado,United States |
| Citation | Vol. 12 No. 10 Pg. 1646 |
| Pages | 1646 |
| Publication year | 1983 |
1983, October, Pg. 1646. 1983 Statutory Revisions in the Criminal Field
This article summarizes 1983 Colorado legislation in the criminal field. All bills are effective July 1, 1983, unless otherwise noted.
H.B. 1254 broadens the scope of first degree sexual assault, C.R.S. 1973, § 18-3-402, to include sexual intrusion as offending conduct. Second degree sexual assault, C.R.S. 1973, § 18-3-403, is modified to pertain only to sexual intrusion accomplished by means other than specified in the first degree sexual assault statute.
The offense of pimping, C.R.S. 1973, § 18-7-206, was elevated from a class five to a class three felony by H.B. 1017, effective March 22, 1983.
H.B. 1101, effective March 3, 1983, changed the culpable mental state in the definition of sexual contact, C.R.S. 1973, § 18-3-401(3), from "intentional" to "knowing."
The penalty for failing to report child abuse was elevated from a class two petty offense to a class three misdemeanor by H.B. 1014, effective April 27, 1983.
H.B. 1019, effective April 22, 1983, makes a significant change in the witnesses competency statute, C.R.S. 1973, § 13-90-106, effective April 22, 1983:
A witness under ten may testify in any civil or criminal proceeding for sexual abuse, sexual assault or incest, when the child is able to describe or relate in language appropriate for a child of that age, the events or facts respecting which the child is examined.
S.B. 26 makes it a class three felony to inflict sexual assault on a child if the offender is in a "position of trust" or if the offender uses force, threats or intimidation to achieve his purpose. "Position of trust" is defined broadly. This bill is effective June 15, 1983. The bill also provides that the court shall expedite all cases involving unlawful sexual offenses and, further, that the statutory privilege between the victim and his or her physician is abrogated, as is the husband/wife privilege. A procedure for obtaining and using videotape depositions of child witnesses is created. Both incest and aggravated incest are broadened and their penalties are enhanced. The definitions of both include not only sexual penetration, but sexual intrusion and sexual contact.
In this area, the legislature amended some statutes but created no new crimes.
H.B. 1200, effective May 4, 1983, redefined marijuana, apparently in response to People v. Anzures, Colo.App., 599 P.2d 921 (1979).
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