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First Regular Session

Sixty-first General Assembly

LLS NO. 97­0209.01 JGG HOUSE BILL 97­1096

STATE OF COLORADO

BY REPRESENTATIVES McElhany, Hagedorn, Kreutz, Lamborn, Adkins, Dean, Kaufman, Lawrence, Morrison, Nichol, and Tool;

also SENATOR Wham.

ENGROSSED

JUDICIARY

A BILL FOR AN ACT

CONCERNING AGES THAT RELATE TO THE CRIME OF SEXUAL ASSAULT ON A CHILD.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Current law defines the victim of sexual assault on a child as someone less than 15 years old. The bill would raise this maximum age to 18.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  18­3­403 (1) (e) and (2), Colorado Revised Statutes, 1986 Repl. Vol., as amended, are amended to read:

18­3­403.  Sexual assault in the second degree. (1)  Any actor who knowingly inflicts sexual penetration or sexual intrusion on a victim commits sexual assault in the second degree if:

(e)  At the time of the commission of the act, the victim is less than fifteen SEVENTEEN years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or

(2)  Sexual assault in the second degree is a class 4 felony; EXCEPT THAT, IF THE OFFENSE IS COMMITTED UNDER THE CIRCUMSTANCES SPECIFIED IN PARAGRAPH (e) OF SUBSECTION (1) OF THIS SECTION AND THE VICTIM IS FIFTEEN OR SIXTEEN YEARS OF AGE, SEXUAL ASSAULT IN THE SECOND DEGREE IS A CLASS 1 MISDEMEANOR.

SECTION 2. Effective date ­ applicability. This act shall take effect July 1, 1997, and shall apply to offenses committed on or after said date; except that, if a referendum petition is filed against this act or an item, section, or part of this act within the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to section 1 (3) of article V of the state constitution, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor, and shall apply to offenses committed on or after said date.