13-705

13-705. Dangerous crimes against children;
sentences; definitions

A. A person who is at least eighteen years of age and who is convicted of a
dangerous crime against children in the first degree involving sexual assault of a minor
who is twelve years of age or younger or sexual conduct with a minor who is twelve years
of age or younger shall be sentenced to life imprisonment and is not eligible for
suspension of sentence, probation, pardon or release from confinement on any basis except
as specifically authorized by section 31-233, subsection A or B until the person has
served thirty-five years or the sentence is commuted. This subsection does not apply to
masturbatory contact.

B. Except as otherwise provided in this section, a person who is at least eighteen
years of age or who has been tried as an adult and who is convicted of a dangerous crime
against children in the first degree involving attempted first degree murder of a minor
who is under twelve years of age, second degree murder of a minor who is under twelve
years of age, sexual assault of a minor who is under twelve years of age, sexual conduct
with a minor who is under twelve years of age or manufacturing methamphetamine under
circumstances that cause physical injury to a minor who is under twelve years of age may
be sentenced to life imprisonment and is not eligible for suspension of sentence,
probation, pardon or release from confinement on any basis except as specifically
authorized by section 31-233, subsection A or B until the person has served thirty-five
years or the sentence is commuted. If a life sentence is not imposed pursuant to this
subsection, the person shall be sentenced to a term of imprisonment as follows:


 Minimum Presumptive Maximum
 13 years 20 years 27 years

C. Except as otherwise provided in this section, a person who is at least eighteen
years of age or who has been tried as an adult and who is convicted of a dangerous crime
against children in the first degree involving attempted first degree murder of a minor
who is twelve, thirteen or fourteen years of age, second degree murder of a minor who is
twelve, thirteen or fourteen years of age, sexual assault of a minor who is twelve,
thirteen or fourteen years of age, taking a child for the purpose of prostitution, child
prostitution, sexual conduct with a minor who is twelve, thirteen or fourteen years of
age, continuous sexual abuse of a child, sex trafficking of a minor who is under fifteen
years of age or manufacturing methamphetamine under circumstances that cause physical
injury to a minor who is twelve, thirteen or fourteen years of age or involving or using
minors in drug offenses shall be sentenced to a term of imprisonment as follows:


 Minimum Presumptive Maximum
 13 years 20 years 27 years

A person who has been previously convicted of one predicate felony shall be sentenced to
a term of imprisonment as follows:


 Minimum Presumptive Maximum
 23 years 30 years 37 years

D. Except as otherwise provided in this section, a person who is at least eighteen
years of age or who has been tried as an adult and who is convicted of a dangerous crime
against children in the first degree involving aggravated assault, molestation of a
child, commercial sexual exploitation of a minor, sexual exploitation of a minor,
aggravated luring a minor for sexual exploitation, child abuse or kidnapping shall be
sentenced to a term of imprisonment as follows:


 Minimum Presumptive Maximum
 10 years 17 years 24 years

A person who has been previously convicted of one predicate felony shall be sentenced to
a term of imprisonment as follows:


 Minimum Presumptive Maximum
 21 years 28 years 35 years

E. Except as otherwise provided in this section, if a person is at least eighteen
years of age or has been tried as an adult and is convicted of a dangerous crime against
children involving luring a minor for sexual exploitation or unlawful age
misrepresentation and is sentenced to a term of imprisonment, The term of imprisonment is
as follows and the person is not eligible for release from confinement on any basis
except as specifically authorized by section 31-233, subsection A or B until the sentence
imposed by the court has been served, the person is eligible for release pursuant to
section 41-1604.07 or the sentence is commuted:


 Minimum Presumptive Maximum
 5 years 10 years 15 years

A person who has been previously convicted of one predicate felony shall be sentenced to
a term of imprisonment as follows and the person is not eligible for suspension of
sentence, probation, pardon or release from confinement on any basis except as
specifically authorized by section 31-233, subsection A or B until the sentence imposed
by the court has been served, the person is eligible for release pursuant to section
41-1604.07 or the sentence is commuted:


 Minimum Presumptive Maximum
 8 years 15 years 22 years

F. Except as otherwise provided in this section, if a person is at least eighteen
years of age or has been tried as an adult and is convicted of a dangerous crime against
children involving sexual abuse or bestiality under section 13-1411, subsection A,
paragraph 2 and is sentenced to a term of imprisonment, the term of imprisonment is as
follows and the person is not eligible for release from confinement on any basis except
as specifically authorized by section 31-233, subsection A or B until the sentence
imposed by the court has been served, the person is eligible for release pursuant to
section 41-1604.07 or the sentence is commuted:


 Minimum Presumptive Maximum
 2.5 years 5 years 7.5 years


 Minimum Presumptive Maximum
 8 years 15 years 22 years

G. The presumptive sentences prescribed in subsections B, C and D of this section
or subsections E and F of this section if the person has previously been convicted of a
predicate felony may be increased or decreased pursuant to section 13-701, subsections C,
D and E.

H. Except as provided in subsection F of this section, a person who is sentenced
for a dangerous crime against children in the first degree pursuant to this section is
not eligible for suspension of sentence, probation, pardon or release from confinement on
any basis except as specifically authorized by section 31-233, subsection A or B until
the sentence imposed by the court has been served or commuted.

I. A person who is convicted of any dangerous crime against children in the first
degree pursuant to subsection C or D of this section and who has been previously
convicted of two or more predicate felonies shall be sentenced to life imprisonment and
is not eligible for suspension of sentence, probation, pardon or release from confinement
on any basis except as specifically authorized by section 31-233, subsection A or B until
the person has served not fewer than thirty-five years or the sentence is commuted.

J. Notwithstanding chapter 10 of this title, a person who is at least eighteen
years of age or who has been tried as an adult and who is convicted of a dangerous crime
against children in the second degree pursuant to subsection B, C or D of this section is
guilty of a class 3 felony and if the person is sentenced to a term of imprisonment, the
term of imprisonment is as follows and the person is not eligible for release from
confinement on any basis except as specifically authorized by section 31-233, subsection
A or B until the person has served the sentence imposed by the court, the person is
eligible for release pursuant to section 41-1604.07 or the sentence is commuted:


 Minimum Presumptive Maximum
 5 years 10 years 15 years

K. A person who is convicted of any dangerous crime against children in the second
degree and who has been previously convicted of one or more predicate felonies is not
eligible for suspension of sentence, probation, pardon or release from confinement on any
basis except as specifically authorized by section 31-233, subsection A or B until the
sentence imposed by the court has been served, the person is eligible for release
pursuant to section 41-1604.07 or the sentence is commuted.

L. Section 13-704, subsection J and section 13-707, subsection B apply to the
determination of prior convictions.

M. The sentence imposed on a person by the court for a dangerous crime against
children under subsection D of this section involving child molestation or sexual abuse
pursuant to subsection F of this section may be served concurrently with other sentences
if the offense involved only one victim. The sentence imposed on a person for any other
dangerous crime against children in the first or second degree shall be consecutive to
any other sentence imposed on the person at any time, including child molestation and
sexual abuse of the same victim.

N. In this section, for purposes of punishment an unborn child shall be treated
like a minor who is under twelve years of age.

O. A dangerous crime against children is in the first degree if it is a completed
offense and is in the second degree if it is a preparatory offense, except attempted
first degree murder is a dangerous crime against children in the first degree.

P. For the purposes of this section:

1. "Dangerous crime against children" means any of the following that is committed
against a minor who is under fifteen years of age:

(a) Second degree murder.

(b) Aggravated assault resulting in serious physical injury or involving the
discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.

(d) Molestation of a child.

(e) Sexual conduct with a minor.

(f) Commercial sexual exploitation of a minor.

(g) Sexual exploitation of a minor.

(h) Child abuse as prescribed in section 13-3623, subsection A, paragraph 1.

(i) Kidnapping.

(j) Sexual abuse.

(k) Taking a child for the purpose of prostitution as prescribed in section
13-3206.

(l) Child prostitution as prescribed in section 13-3212.

(m) Involving or using minors in drug offenses.

(n) Continuous sexual abuse of a child.

(o) Attempted first degree murder.

(p) Sex trafficking.

(q) Manufacturing methamphetamine under circumstances that cause physical injury to
a minor.

(r) Bestiality as prescribed in section 13-1411, subsection A, paragraph 2.

(s) Luring a minor for sexual exploitation.

(t) Aggravated luring a minor for sexual exploitation.

(u) Unlawful age misrepresentation.

2. "Predicate felony" means any felony involving child abuse pursuant to section
13-3623, subsection A, paragraph 1, a sexual offense, conduct involving the intentional
or knowing infliction of serious physical injury or the discharge, use or threatening
exhibition of a deadly weapon or dangerous instrument, or a dangerous crime against
children in the first or second degree.