Colorado Revised Statutes Title 18. Criminal Code § 18-3-411. Sex offenses against children--“unlawful sexual offense” defined--limitation for commencing proceedings--evidence--statutory privilege

(1) As used in this section, “unlawful sexual offense” means enticement of a child, as described in section 18-3-305 , sexual assault, as described in section 18-3-402 , when the victim at the time of the commission of the act is a child less than fifteen years of age, sexual assault in the first degree, as described in section 18-3-402 , as it existed prior to July 1, 2000, when the victim at the time of the commission of the act is a child less than fifteen years of age;  sexual assault in the second degree, as described in section 18-3-403(1)(a), (1)(b), (1)(c), (1)(d), (1)(g), or (1)(h) , as it existed prior to July 1, 2000, when the victim at the time of the commission of the act is a child less than fifteen years of age, or as described in section 18-3-403(1)(e) , as it existed prior to July 1, 2000, when the victim is less than fifteen years of age and the actor is at least four years older than the victim;  unlawful sexual contact, as described in section 18-3-404(1)(a) , (1)(b) , (1)(c) , (1)(d) , (1)(f) , or (1)(g) , when the victim at the time of the commission of the act is a child less than fifteen years of age;  sexual assault in the third degree, as described in section 18-3-404(1)(a) , (1)(b) , (1)(c) , (1)(d) , (1)(f) , or (1)(g) , as it existed prior to July 1, 2000, when the victim at the time of the commission of the act is a child less than fifteen years of age;  sexual assault on a child, as described in section 18-3-405 ;  sexual assault on a child by one in a position of trust, as described in section 18-3-405.3 ;  aggravated incest, as described in section 18-6-302 ;  human trafficking of a minor for sexual servitude, as described in section 18-3-504(2) ;  sexual exploitation of a child, as described in section 18-6-403 ;  procurement of a child for sexual exploitation, as described in section 18-6-404 ;  indecent exposure, as described in section 18-7-302 , soliciting for child prostitution, as described in section 18-7-402 ;  pandering of a child, as described in section 18-7-403 ;  procurement of a child, as described in section 18-7-403.5 ;  keeping a place of child prostitution, as described in section 18-7-404 ;  pimping of a child, as described in section 18-7-405 ;  inducement of child prostitution, as described in section 18-7-405.5 ;  patronizing a prostituted child, as described in section 18-7-406 ;  class 4 felony internet luring of a child, as described in section 18-3-306(3) ;  internet sexual exploitation of a child, as described in section 18-3-405.4 ;  or criminal attempt, conspiracy, or solicitation to commit any of the acts specified in this subsection (1).

(2) No person shall be prosecuted, tried, or punished for a misdemeanor offense specified in section 18-3-402 or 18-3-404 , unless the indictment, information, complaint, or action for the same is found or instituted within five years after the commission of the offense.  The limitation for commencing criminal proceedings and juvenile delinquency proceedings concerning unlawful sexual offenses that are felonies shall be governed by section 16-5-401(1)(a), C.R.S .

(3) Out-of-court statements made by a child describing any act or attempted act of sexual contact, intrusion, or penetration, as defined in section 18-3-401 , performed or attempted to be performed with, by, or on the child declarant, not otherwise admissible by a statute or court rule which provides an exception to the objection of hearsay, may be admissible in any proceeding in which the child is a victim of an unlawful sexual offense pursuant to the provisions of section 13-25-129, C.R.S .

(4) All cases involving the commission of an unlawful sexual offense shall take precedence before the court;  the court shall hear these cases as soon as possible after they are filed.

(5) The statutory privilege between the husband and the wife shall not be available for excluding or refusing testimony in any prosecution of an unlawful sexual offense.

(6) Prosecution for any incident of sexual contact constituting the offense or any incident of sexual contact constituting a pattern offense of sexual abuse pursuant to section 18-3-405(2)(d) or 18-3-405.3(2)(b) may be commenced and the offenses charged in an information or indictment in a county where at least one of the incidents occurred or in a county where an act in furtherance of the offense was committed.


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