What Colorado crimes are covered by the Victim Rights Act?

Navigating the complex world of criminal law can be overwhelming, especially when you’re on the defense side. In Colorado, understanding the Victims Rights Act (VRA) is crucial for both victims and defendants. The VRA is supposed to ensure that victims have a voice in the criminal legal process. But what does this mean if you’re a defendant?

The VRA impacts how your case proceeds, from the investigation stage right through to sentencing and beyond. Crimes under the Victim’s Rights Act often have mandated protocols that law enforcement and courts must follow, which can potentially affect the timelines, court procedures, and the presentation of evidence. By understanding the VRA, you equip yourself with valuable knowledge that can help shape your defense strategy.

But what crimes or charges are subject to the Victim’s Rights Act? Below we’ve compiled a list of every charge that falls under VRA.

Murder and homicide

  • Murder in the first degree, in violation of section 18-3-102;
  • Murder in the second degree, in violation of section 18-3-103;
  • Manslaughter, in violation of section 18-3-104;
  • Criminally negligent homicide, in violation of section 18-3-105;
  • Vehicular homicide, in violation of section 18-3-106;

Assault

  • Assault in the first degree, in violation of section 18-3-202;
  • Assault in the second degree, in violation of section 18-3-203;
  • Assault in the third degree, in violation of section 18-3-204;
  • Vehicular assault, in violation of section 18-3-205;
  • Menacing, in violation of section 18-3-206;

Kidnapping

  • First degree kidnapping, in violation of section 18-3-301;
  • Second degree kidnapping, in violation of section 18-3-302;

Sexual Assault and related offenses

  • Sexual assault, in violation of section 18-3-402;
  • Sexual assault in the first degree, in violation of section 18-3-402, as it existed prior to July 1, 2000;
  • Sexual assault in the second degree, in violation of section 18-3-403, as it existed prior to July 1, 2000;
  • Unlawful sexual contact, in violation of section 18-3-404;
  • Sexual assault in the third degree, in violation of section 18-3-404, as it existed prior to July 1, 2000;
  • Sexual assault on a child, in violation of section 18-3-405;
  • Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3;
  • Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5;
  • Indecent exposure, in violation of section 18-7-302; 
  • Violation of a protection order issued under section 18-1-1001 against a person charged with committing sexual assault, in violation of section 18-3-402, sexual assault on a child, in violation of section 18-3-405, sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, or stalking in violation of section 18-3-602;

Invasion of Privacy

  • Invasion of privacy for sexual gratification, in violation of section 18-3-405.6;
  • Posting a private image for harassment in violation of section 18-7-107 or posting a private image for pecuniary gain in violation of section 18-7-108;
  • Criminal invasion of privacy, in violation of section 18-7-801.

Robbery

  • Robbery, in violation of section 18-4-301;
  • Aggravated robbery, in violation of section 18-4-302;
  • Aggravated robbery of controlled substances, in violation of section 18-4-303, as it existed prior to October 1, 2023;

Incest

  • Incest, in violation of section 18-6-301;
  • Aggravated incest, in violation of section 18-6-302;

Child abuse and at-risk victims

  • Child abuse, in violation of section 18-6-401;
  • Sexual exploitation of children, in violation of section 18-6-403;
  • Crimes against at-risk adults or at-risk juveniles, in violation of section 18-6.5-103

Domestic violence

  • Any crime identified by law enforcement prior to the filing of charge as domestic violence, as defined in section 18-6-800.3(1);
  • An act identified by a district attorney in a formal criminal charge as domestic violence, as defined in section 18-6-800.3(1);
  • Any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3(1), pursuant to section 18-6-801(1);

Stalking

  • Stalking, in violation of section 18-3-602;
  • Stalking, in violation of section 18-9-111(4), C.R.S., as it existed prior to August 11, 2010;

Bias-motivated crimes

  • A bias-motivated crime, in violation of section 18-9-121;
  • Harassment that is bias-motivated, in violation of section 18-9-111(2);
  • False reporting of an emergency in violation of section 18-8-111 that is a bias-motivated crime as described in section 18-9-121 (2);

Driving offenses

  • Careless driving, in violation of section 42-4-1402, that results in the death of another person;
  • Failure to stop at the scene of an accident, in violation of section 42-4-1601, where the accident results in the death or serious bodily injury of another person;

Intimidation and tampering

  • Intimidating a witness or a victim, in violation of section 18-8-704;
  • Retaliation against a witness or victim, in violation of section 18-8-706,
  • Retaliation against a judge, in violation of section 18-8-615, Retaliation against a juror, in violation of section 18-8-706.5;
  • Retaliation against a prosecutor, in violation of section 18-8-616;
  • Aggravated intimidation of a witness or a victim, in violation of section 18-8-705;
  • Tampering with a witness or victim, in violation of section 18-8-707;

Burglary

  • First degree burglary, in violation of section 18-4-202;
  • Second degree burglary of a dwelling, in violation of section 18-4-203(2)(a);

Trafficking and child prostitution

  • Human trafficking, in violation of section 18-3-503 or 18-3-504;
  • Child prostitution, in violation of section 18-7-40.; Soliciting for child prostitution, in violation of section 18-7-402; Procurement of a child for sexual exploitation, in violation of section 18-6-404; Pimping of a child, in violation of section 18-7-405; Inducement of child prostitution, in violation of section 18-7-405.5; or Patronizing a prostituted child, in violation of section 18-7-406.

Arson

  • First degree arson, in violation of section 18-4-102;

Attempt, conspiracy and accessories to any VRA crime

  • Any criminal attempt, as described in section 18-2-101, any conspiracy, as described in section 18-2-201, any criminal solicitation, as described in section 18-2-301, and any accessory to a crime, as described in section 18-8-105, involving any of the crimes specified in this subsection 1.