§ 14-71. Class 1 offenses.

(a)

Definitions. For purposes of this section:

(1)

"At-risk person" has the meaning set forth in C.R.S., § 18-6.5-102, as amended.

(2)

"Bias-motivated offense" or "bias motivation" means any offense committed against another person in substantial part because of that person's actual or perceived race, color, religion, ancestry, national origin, age, physical or mental disability, gender, sexual orientation, or gender identity.

(3)

"Class one circumstance" means bias-motivation, sexual motivation, at-risk person, assault on a law enforcement officer, assault with serious bodily harm, or assault with strangulation.

(4)

"Class one offense" means those crimes specified in section 1-14(a) of this chapter, and includes bias-motivated offenses, sexually-motivated offenses, offenses against at-risk persons, assault on a law enforcement officer, assault with serious bodily harm, or assault with strangulation.

(5)

"Law enforcement officer" means any police officer, any deputy sheriff, any member of the police department or sheriff department, or any person duly empowered with police authority who is discharging or apparently discharging their duties, whether in an on-duty or off-duty capacity.

(6)

"Physical or mental disability" has the meaning set forth in C.R.S. § 18-9-121(5), as amended.

(7)

"Serious bodily harm" means physical damage to a person's body for which medical attention was provided, including cuts, burns, disfigurement, concussion, loss of consciousness, or any impairment of physical condition.

(8)

"Sexual orientation" has the meaning set forth in C.R.S. § 18-9-121(5).

(9)

"Sexually-motivated offense" or "sexual motivation" means any offense committed for the purpose, in whole or substantial part, of his or her own direct sexual gratification, but does not include violations of section 38-158 of this Code.

(10)

"Strangulation" means to knowingly obstruct the breathing or blood circulation of another person by applying pressure on the person's throat or neck or by blocking the person's nose or mouth.

(b)

Special allegation. To establish a class 1 offense, the prosecuting attorney may file a special allegation of class one circumstances in any case if sufficient admissible evidence exists that would justify such a finding by a reasonable and objective finder of fact.

(c)

Procedure.

(1)

If the prosecuting attorney files a special allegation of class 1 circumstances, the class 1 circumstance must be proved beyond a reasonable doubt.

a.

Unless the defendant has a trial by jury, the court shall make a finding of fact, to be made part of the record upon conviction, of whether the class 1 circumstance was present at the time of the commission of the offense.

b.

If the defendant has a trial by jury and if the jury finds the defendant guilty, the jury shall also find a special verdict as to whether the class 1 circumstance was present at the time of the commission of the offense.

(2)

If there is a finding that a class 1 circumstance was present at the time of the commission of the offense, such finding shall be made part of the record of conviction.

(3)

Any person convicted of a class 1 offense shall, for each offense, be sentenced in accordance with the provisions of section 1-14(a) of this Code.

(Ord. No. 513-17, § 4, 5-22-17)