Colorado criminal charge
Indeterminate sentence in Colorado
Current through 2026 Colorado legislative session
Indeterminate sentence is a criminal offense under Colorado law, defined by C.R.S. § 18-1.3-1004. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-1.3-1004.
What is the penalty for indeterminate sentence in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2 years to 6 years (Class 4 sex offense — determinate aggravated range (under-12 victim, 10+ year age gap) — Applies when the sex offender committed a class 4 sex offense under section 18-3-402, 18-3-405, or 18-3-405.3 involving sexual intrusion or penetration against a victim under 12 with a 10+ year age gap, resulting in a term of at least 10 to 16 years to life.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 2000 usd to 500000 usd (Class 4 sex offense — determinate aggravated range (under-12 victim, 10+ year age gap) — Applies when the sex offender committed a class 4 sex offense under section 18-3-402, 18-3-405, or 18-3-405.3 involving sexual intrusion or penetration against a victim under 12 with a 10+ year age gap, resulting in a term of at least 10 to 16 years to life.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Class 4 sex offense — determinate aggravated range (under-12 victim, 10+ year age gap) — Applies when the sex offender committed a class 4 sex offense under section 18-3-402, 18-3-405, or 18-3-405.3 involving sexual intrusion or penetration against a victim under 12 with a 10+ year age gap, resulting in a term of at least 10 to 16 years to life.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 4 years to 12 years (Class 3 sex offense — determinate aggravated range (under-12 victim, 10+ year age gap) — Applies when the sex offender committed a class 3 sex offense under section 18-3-402, 18-3-405, or 18-3-405.3 involving sexual intrusion or penetration against a victim under 12 with a 10+ year age gap, resulting in a term of at least 18 to 32 years to life.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 3000 usd to 750000 usd (Class 3 sex offense — determinate aggravated range (under-12 victim, 10+ year age gap) — Applies when the sex offender committed a class 3 sex offense under section 18-3-402, 18-3-405, or 18-3-405.3 involving sexual intrusion or penetration against a victim under 12 with a 10+ year age gap, resulting in a term of at least 18 to 32 years to life.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Class 3 sex offense — determinate aggravated range (under-12 victim, 10+ year age gap) — Applies when the sex offender committed a class 3 sex offense under section 18-3-402, 18-3-405, or 18-3-405.3 involving sexual intrusion or penetration against a victim under 12 with a 10+ year age gap, resulting in a term of at least 18 to 32 years to life.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 8 years to 24 years (Class 2 sex offense — determinate aggravated range (under-12 victim, 10+ year age gap) — Applies when the sex offender committed a class 2 sex offense under section 18-3-402, 18-3-405, or 18-3-405.3 involving sexual intrusion or penetration against a victim under 12 with a 10+ year age gap, resulting in a term of at least 24 to 48 years to life.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 5000 usd to 1000000 usd (Class 2 sex offense — determinate aggravated range (under-12 victim, 10+ year age gap) — Applies when the sex offender committed a class 2 sex offense under section 18-3-402, 18-3-405, or 18-3-405.3 involving sexual intrusion or penetration against a victim under 12 with a 10+ year age gap, resulting in a term of at least 24 to 48 years to life.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Class 2 sex offense — determinate aggravated range (under-12 victim, 10+ year age gap) — Applies when the sex offender committed a class 2 sex offense under section 18-3-402, 18-3-405, or 18-3-405.3 involving sexual intrusion or penetration against a victim under 12 with a 10+ year age gap, resulting in a term of at least 24 to 48 years to life.; mandatory parole (5 years if crime of violence)) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 2 years to 6 years (Probation eligibility — class 4 felony sex offense — A sex offender convicted of a class 4 felony sex offense may be sentenced to probation for an indeterminate period of at least ten years to life, absent aggravating factors requiring DOC sentencing.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 2000 usd to 500000 usd (Probation eligibility — class 4 felony sex offense — A sex offender convicted of a class 4 felony sex offense may be sentenced to probation for an indeterminate period of at least ten years to life, absent aggravating factors requiring DOC sentencing.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Probation eligibility — class 4 felony sex offense — A sex offender convicted of a class 4 felony sex offense may be sentenced to probation for an indeterminate period of at least ten years to life, absent aggravating factors requiring DOC sentencing.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | Subsequent crime exception — class 1 felony — The rule preventing a subsequent sentence from superseding the sex offender's part 10 sentence does not apply if the subsequent crime committed is a class 1 felony.; life imprisonment | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2018-07-01.
How is indeterminate sentence classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Class 4 sex offense — determinate aggravated range (under-12 victim, 10+ year age gap) | class 4 felony | Applies when the sex offender committed a class 4 sex offense under section 18-3-402, 18-3-405, or 18-3-405.3 involving sexual intrusion or penetration against a victim under 12 with a 10+ year age gap, resulting in a term of at least 10 to 16 years to life. | 18-1.3-1004(1)(e)(II)(A) |
| Class 3 sex offense — determinate aggravated range (under-12 victim, 10+ year age gap) | class 3 felony | Applies when the sex offender committed a class 3 sex offense under section 18-3-402, 18-3-405, or 18-3-405.3 involving sexual intrusion or penetration against a victim under 12 with a 10+ year age gap, resulting in a term of at least 18 to 32 years to life. | 18-1.3-1004(1)(e)(II)(B) |
| Class 2 sex offense — determinate aggravated range (under-12 victim, 10+ year age gap) | class 2 felony | Applies when the sex offender committed a class 2 sex offense under section 18-3-402, 18-3-405, or 18-3-405.3 involving sexual intrusion or penetration against a victim under 12 with a 10+ year age gap, resulting in a term of at least 24 to 48 years to life. | 18-1.3-1004(1)(e)(II)(C) |
| Probation eligibility — class 4 felony sex offense | class 4 felony | A sex offender convicted of a class 4 felony sex offense may be sentenced to probation for an indeterminate period of at least ten years to life, absent aggravating factors requiring DOC sentencing. | 18-1.3-1004(2)(a) |
| Subsequent crime exception — class 1 felony | class 1 felony | The rule preventing a subsequent sentence from superseding the sex offender's part 10 sentence does not apply if the subsequent crime committed is a class 1 felony. | 18-1.3-1004(5)(b)(II) |
Common questions about indeterminate sentence in Colorado
Is indeterminate sentence a felony or a misdemeanor in Colorado?
It depends on the circumstances: indeterminate sentence ranges from a class 4 felony to a class 1 felony in Colorado under C.R.S. § 18-1.3-1004.
Class 4 sex offense — determinate aggravated range (under-12 victim, 10+ year age gap): class 4 felony (C.R.S. § 18-1.3-1004(1)(e)(II)(A)) · Class 3 sex offense — determinate aggravated range (under-12 victim, 10+ year age gap): class 3 felony (C.R.S. § 18-1.3-1004(1)(e)(II)(B)) · Class 2 sex offense — determinate aggravated range (under-12 victim, 10+ year age gap): class 2 felony (C.R.S. § 18-1.3-1004(1)(e)(II)(C)) · Probation eligibility — class 4 felony sex offense: class 4 felony (C.R.S. § 18-1.3-1004(2)(a)) · Subsequent crime exception — class 1 felony: class 1 felony (C.R.S. § 18-1.3-1004(5)(b)(II))
What are the penalties for indeterminate sentence in Colorado?
Penalties for indeterminate sentence in Colorado depend on how it is classified — from a class 4 felony up to a class 1 felony — with the ranges set by C.R.S. § 18-1.3-401; the full table of ranges by variant is published on this page.
Which Colorado statute covers indeterminate sentence?
Indeterminate sentence is governed by C.R.S. § 18-1.3-1004 (Indeterminate sentence).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.