Probation for a sex offense is substantially different from probation for any other type of offense – and significantly more demanding of the individual on probation.
There are standard terms and conditions for sex offender probation, although the court does have authority to add additional conditions or take away conditions. Standard terms of sex offender probation prohibit the offender from doing any of the following:
Physical, verbal or electronic contact with the victim(s) in any way, including third-party communications;
entering onto premises, traveling past, or loitering near the victim’s residence, place of work, or other places frequented by the victim;
dating, befriending or marrying anyone who has children under the age of 18;
accessing or loitering near school yards, parks, arcades, playgrounds, amusement parks, or other places primarily frequented by children;
participating in any volunteer activity that involves contact with children;
possessing any pornographic, sexually oriented or sexually stimulating materials, including visual, auditory, telephonic, electronic and computer media;
drinking or possessing alcohol;
changing treatment programs without the approval of the supervising officer; and
living anywhere not approved in advance by the supervising officer.
Further, the offender’s living arrangement must be approved by his probation officer, and some offenders are subject to GPS monitoring while on probation. If the offender has children, he will at least initially be prevented from having any contact with his own children, even if his case did not involve a child. Even if contact with one’s own children is permitted, contact with other children may still be restricted.
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In the 1980s, many states – including Colorado – created legislation that began to enhance sentencing for certain drug crimes based on where the crimes were committed. It is the birth of this type of legislation that gave us Drug-Free Zones.
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Sometimes things happen quickly before you can think. Instinct kicks in. The problem is: An action you may not have intended to take could land you in serious trouble in Colorado – and end in charges that include domestic violence as an aggravating factor.
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