H. Michael Steinberg has over 32 years experience practicing Colorado criminal law. Mr. Steinberg strives to stay current with the ever changing aspects of criminal law issues and updates resulting in his extensive knowledge of successful criminal defense as well as appellate work. He is also an active member of the National Association of Criminal Defense Lawyers, the Colorado Criminal Defense Bar Association, the Colorado Trial Lawyer's Association, and the Colorado and Arapahoe Bar Associations.

Articles Posted in Sex Offender Sentencing

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Colorado Sex Crimes Criminal Defense Lawyer – H. Michael Steinberg

In a recent decision providing an opportunity for the Colorado Court of Appeals to mitigate the impact of the 1998 Colorado Sex Offender Sentencing and Lifetime Supervision Act – the Colorado Appellate courts did the opposite.

The Court was faced with a statutory conflict between the Colorado Violent Crime Sentencing Statute and the Colorado Sex Offender Sentencing and Lifetime Supervision Act in sentencing individuals to Lifetime Indeterminate sentences.

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The recent conviction and mandatory life sentence of Broomfield High School wrestling coach Travis Masse demonstrates why the 1998 Colorado Lifetime Sex Offender Supervision Act goes too far.

A jury convicted the 29-year-old former teacher Tuesday of sexual assault on a child by someone in a position of trust, determining that he had sexual contact with the student on three occasions after the two exchanged sexually explicit text messages. There was no evidence that the relationship was anything but consensual – to the contrary there was no evidence of force.

As an experienced Colorado Criminal Defense Lawyer – I have discussed this law with many other practicioners – on both sides of the issue. There is considerable agreement among these men and women that Colorado sex-offender sentencing laws, which are the toughest in the nation, take away the primary justification for the election and periodic review of our judges – the responsibility for sentencing those convicted of crime.

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A new Colorado case issued by the Supreme Court of Colorado clarifies the law in Colorado in Sexual Assault on a Child Cases where there are multiple instances of conduct constituting a pattern. The decision allows for consecutive sentences for each act notwithstanding the fact that there has been a single victim.

Colorado’s sexual assault statutes authorize the possibility of greater punishments for sexual crimes against children that are committed “as a part of a pattern of sexual abuse.”

Two cases, “Colorado v. Simon” and “Colorado v. Tillery” were consolidated for the Supreme Court’s review in that they both involve interpretation of Section C.R.S. 18-3-405.3. The common issue presented by these cases was whether the statutory provisions and principles of double jeopardy permit only one class 3 felony conviction and sentence for a single “pattern” of abuse that comprises two or more incidents of sexual assault, or whether each separate act of sexual assault that composes a single “pattern” of abuse which may be elevated to a class 3 felony.

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ELLICOTT, COLO.is a very small town in Colorado on the Eastern Plains just east of Colorado Springs.

In that small jurisdiction a School District board member has just been arrested for allegedly sexting a 14-year-old boy.

Thirty-seven-year-old Stefanie Dickinson was arrested Sunday for Internet Luring of a Child, a class four felony.

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An article – written by Monte Whaley – appearing in the Denver Post in August of 2011 entitled – “Sentencing disparities in child-sex-assault cases point to double standard” confronts the insanity of Colorado’s Sex Offender Sentencing Laws

The article began with this statement “Women in Colorado convicted of sexually assaulting a child in their care are far less likely to go to prison than men sentenced for the same crime.”

The Post did a comprehensive analysis of publicly available sentencing data provided by the Colorado Judicial Branch.

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On Monday, July 25, 2011 A Broomfield County Colorado Wrestling Coach was Sentenced to life in prison after a jury trial which ended in convictions of for Sexual Assault On A Child by a Person in a Position in Trust and Sexual Assault on a child – Pattern of Abuse (more than two incidents).

The verdict related to his sexual assault of a 15-year-old high school girl who was manager of his wresting team. Prosecutors presented evidence at trial that Masse had sex with the girl on several occasions and sent as many as 8,900 text messages to the girl – many of them sexually explicit – between December 2008 and February 2009.

Judge Thomas Ensor, the presiding judge over the May 2011 trial – was compelled by Colorado’s mandatory life in prison laws – to sentence Masse to 10 years to life with 20 years’ mandatory parole for the first charge, and six years with 20 years’ parole for a second offense

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The Following verdict in a Colorado Sexual Assault Trial demonstrates the many levels of testimony that can be admitted in a trial .. it is instructive at many levels for that reason

Jury convicts Valdez of sex crimes Thursday, Dec 30th, 2010

DEL NORTE, Colorado ・A Rio Grande County District Court jury deliberated for four hours before the criminal incest trial of Arthur Valdez ended with a verdict of guilty on two counts.

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Divulge Online IDs, Court Tells Utah Sex Offenders

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(CN) – The 10th Circuit upheld a Utah law that forces sex offenders to hand over names they use to send e-mails and instant messages.