Protecting At-Risk Adults

The Colorado Legislature recognizes that At-Risk Adults cannot protect themselves as well as the general population.  This population also may suffer more long-term effects from crimes.  Therefore Colorado law (18-6.5-101-106) provides for more severe penalties for commission of abuse, exploitation and neglect against this population. 

To find out more about who is an at-risk adult and the classifications of crimes against this population, click "Read more..." below.

Who is an adult at risk?

• Any person who is sixty years of age or older or
• Any person 17 years of age or younger and is a person with a disability or
• Any person who is eighteen years of age or older and is a person with a disability defined as:
  • Impaired because of loss of or permanent loss of use of hand or foot; blindness or permanent impairment of vision of both eyes or 
  • Unable to walk, see, hear, or speak or
  • Unable to breathe without mechanical assistance or
  • Is developmentally disabled which means a disability that is manifested before the person reaches twenty-two years of age, which constitutes a substantial disability to the affected individual, and is attributed to mental retardation or related conditions which include cerebral palsy, epilepsy, autism, or other neurological conditions in which such contitions result in impairment of general intellectual functioning or adaptive behavior similar to that of a person with mental retardation
  • Mentally ill - a person with a substantial disorder of the cognitive, volitional or emotional processes that grossly impairs judgement or capacity to recognize reality or to control behavior
  • Mentally impaired - a person with any mental or psychological disorder such as developmental disability, organic brain syndrome, mental illness, or specific learning disability
  • Is blind
  • Is receiving care and treatment for developmental disability
  • Total disability - a physical or mental impairment which is disabling and which because of other factors such as age, training, experience and social setting, substantially precludes the person from engaging in a useful occupation as a homemaker or as a wage earner in any employment which exists in the community.

 Crime Classifications (18-6.5-103 CRS)

• Criminal negligence resulting in:
  • Death                                      Class 4 felony
  • Serious Bodily Injury            Class 5 felony
  • Bodily Injury                            Class 6 felony
• Assault
  • 1st degree
    • Heat of passion        Class 4 felony
    • Others                         Class 2 felony
  • 2nd degree
    • Heat of passion        Class 5 felony
    • Others                         Class 3 felony
  •  3rd degree                              Class 6 felony                    
•  Robbery                                                Class 3 felony
• Theft       
  • If force of threat or intimidation
    • Value < $500              Class 5 felony     
    • Value > $500              Class 3 felony
  • If no threat, force, intimidation   Class 4 felony     
• Criminal Negligence
  • Resulting in death                   Class 4 felony
  • Resulting in bodily injury        Class 5 felony
• Neglect or injuries to mental health  Class 1 misdemeanor
• Sexual Assault                                       Class 2 felony
• Unlawful Sexual contact if by physical force, threats or use of drugs/intoxicants      Class 3 felony

The "Wrongs to Adults-At-Risk" statute provides for procedures to make criminal prosecution less of a hardship for the at-risk adult.

• Prosecutors may take video-tape deposition which can be used at trial if the at-risk adult is medically unavailable.
• This statue gives presedence to court setting for these cases.
• Court may order defendant to pay for treatment and restitution.  If offender fails to pay restitution within 180 days, offender my have probation revoked.

Call Jan McKamy, Victim Intervention Specialist at 719-686-2509 for more information.