State of Colorado

As used in this article 6.5, unless the context otherwise requires:
(1) “Abuse” means any of the following acts or omissions committed against an at-risk person:
(a) The nonaccidental infliction of bodily injury, serious bodily injury, or death;
(b) Confinement or restraint that is unreasonable under generally accepted caretaking standards; or
(c) Subjection to sexual conduct or contact classified as a crime under this title.
(2) “At-risk adult” means any person who is seventy years of age or older or any person who is eighteen years of age or older and is a person with a disability as said term is defined in subsection (11) of this section.
(2.5) “At-risk adult with IDD” means a person who is eighteen years of age or older and is a person with an intellectual and developmental disability, as defined in section 25.5-10-202 (26)(a), C.R.S.
(3) “At-risk elder” means any person who is seventy years of age or older.
(4) “At-risk juvenile” means any person who is under the age of eighteen years and is a person with a disability as said term is defined in subsection (11) of this section.
(4.5) “At-risk person” means an at-risk adult, an at-risk adult with IDD, an at-risk elder, or an at-risk juvenile.
(5) “Caretaker” means a person who:
(a) Is responsible for the care of an at-risk person as a result of a family or legal relationship;
(b) Has assumed responsibility for the care of an at-risk person; or
(c) Is paid to provide care or services to an at-risk person.
(6) (a) “Caretaker neglect” means neglect that occurs when adequate food, clothing, shelter, psychological care, physical care, medical care, habilitation, supervision, or any other treatment necessary for the health or safety of an at-risk person is not secured for an at-risk person or is not provided by a caretaker in a timely manner and with the degree of care that a reasonable person in the same situation would exercise, or a caretaker knowingly uses harassment, undue influence, or intimidation to create a hostile or fearful environment for an at-risk person.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (6), the withholding, withdrawing, or refusing of any medication, any medical procedure or device, or any treatment, including but not limited to resuscitation, cardiac pacing, mechanical ventilation, dialysis, and artificial nutrition and hydration, in accordance with any valid medical directive or order or as described in a palliative plan of care, is not deemed caretaker neglect.
(c) As used in this subsection (6), “medical directive or order” includes a medical durable power of attorney, a declaration as to medical treatment executed pursuant to section 15-18-104, C.R.S., a medical order for scope of treatment form executed pursuant to article 18.7 of title 15, C.R.S., and a CPR directive executed pursuant to article 18.6 of title 15, C.R.S.
(7) “Clergy member” means a priest; rabbi; duly ordained, commissioned, or licensed minister of a church; member of a religious order; or recognized leader of any religious body.
(8) “Convicted” and “conviction” mean a plea of guilty accepted by the court, including a plea of guilty entered pursuant to a deferred sentence under section 18-1.3-102, a verdict of guilty by a judge or jury, or a plea of no contest accepted by the court.
(9) “Crime against an at-risk person” means any offense listed in section 18-6.5-103 or criminal attempt, conspiracy, or solicitation to commit any of those offenses.
(10) “Exploitation” means an act or omission committed by a person who:
(a) Uses deception, harassment, intimidation, or undue influence to permanently or temporarily deprive an at-risk person of the use, benefit, or possession of any thing of value;
(b) Employs the services of a third party for the profit or advantage of the person or another person to the detriment of the at-risk person;
(c) Forces, compels, coerces, or entices an at-risk person to perform services for the profit or advantage of the person or another person against the will of the at-risk person; or
(d) Misuses the property of an at-risk person in a manner that adversely affects the at-risk person’s ability to receive health care or health care benefits or to pay bills for basic needs or obligations.
(10.5) “Mistreated” or “mistreatment” means:
(a) Abuse;
(b) Caretaker neglect; or
(c) Exploitation.
(11) “Person with a disability” means any person who:
(a) Is impaired because of the loss of or permanent loss of use of a hand or foot or because of blindness or the permanent impairment of vision of both eyes to such a degree as to constitute virtual blindness;
(b) Is unable to walk, see, hear, or speak;
(c) Is unable to breathe without mechanical assistance;
(d) Is a person with an intellectual and developmental disability as defined in section 25.5-10-202, C.R.S.;
(e) Is a person with a mental health disorder as the term is defined in section 27-65-102 (11.5);
(f) Is mentally impaired as the term is defined in section 24-34-501 (1.3)(b)(II), C.R.S.;
(g) Is blind as that term is defined in section 26-2-103 (3), C.R.S.; or
(h) Is receiving care and treatment for a developmental disability under article 10.5 of title 27, C.R.S.
(12) “Position of trust” means assuming a responsibility, duty, or fiduciary relationship toward an at-risk adult or at-risk juvenile.
(13) “Undue influence” means the use of influence to take advantage of an at-risk person’s vulnerable state of mind, neediness, pain, or emotional distress.
(14) “Unlawful abandonment” means the intentional and unreasonable desertion of an at-risk person in a manner that endangers the safety of that person.

“(1) Crimes against at-risk persons are as prescribed in this section.
(2) Any person whose conduct amounts to criminal negligence, as defined in section 18-1-501 (3), commits:
(a) A class 4 felony if such negligence results in the death of an at-risk person;
(b) A class 5 felony if such negligence results in serious bodily injury to an at-risk person; and
(c) A class 6 felony if such negligence results in bodily injury to an at-risk person.
(3) (a) Any person who commits a crime of assault in the first degree, as such crime is described in section 18-3-202, and the victim is an at-risk person, commits a class 4 felony if the circumstances described in section 18-3-202 (2)(a) are present and a class 2 felony if such circumstances are not present.
(b) Any person who commits a crime of assault in the second degree, as such crime is described in section 18-3-203, and the victim is an at-risk person, commits a class 5 felony if the circumstances described in section 18-3-203 (2)(a) are present and a class 3 felony if such circumstances are not present.
(c) Any person who commits a crime of assault in the third degree, as such crime is described in section 18-3-204, and the victim is an at-risk person, commits a class 6 felony.
(4) Any person who commits robbery, as such crime is described in section 18-4-301 (1), and the victim is an at-risk person, commits a class 3 felony. If the offender is convicted of robbery of an at-risk person, the court shall sentence the defendant to the department of corrections for at least the presumptive sentence under section 18-1.3-401 (1).
(5) Any person who commits theft, and commits any element or portion of the offense in the presence of the victim, as such crime is described in section 18-4-401 (1), and the victim is an at-risk person, or who commits theft against an at-risk person while acting in a position of trust, whether or not in the presence of the victim, or who commits theft against an at-risk person knowing the victim is an at-risk person, whether in the presence of the victim or not, commits a class 5 felony if the value of the thing involved is less than five hundred dollars or a class 3 felony if the value of the thing involved is five hundred dollars or more. Theft from the person of an at-risk person by means other than the use of force, threat, or intimidation is a class 4 felony without regard to the value of the thing taken.
(5.5) (Deleted by amendment, L. 2016.)
(6) (a) Any person who knowingly commits caretaker neglect against an at-risk person or knowingly acts in a manner likely to be injurious to the physical or mental welfare of an at-risk person commits a class 1 misdemeanor.
(b) A person who unlawfully abandons an at-risk person commits a class 1 misdemeanor.
(7) (a) Any person who commits a crime of sexual assault, as such crime is described in section 18-3-402, sexual assault in the first degree, as such crime was described in section 18-3-402, as it existed prior to July 1, 2000, and the victim is an at-risk person, commits a class 2 felony.
(b) Any person who commits a crime of sexual assault in the second degree, as such crime was described in section 18-3-403, as it existed prior to July 1, 2000, and the victim is an at-risk person, commits a class 3 felony.
(c) Any person who commits unlawful sexual contact, as such crime is described in section 18-3-404, or sexual assault in the third degree, as such crime was described in section 18-3-404, as it existed prior to July 1, 2000, and the victim is an at-risk person, commits a class 6 felony; except that the person commits a class 3 felony if the person compels the victim to submit by use of such force, intimidation, or threat as specified in section 18-3-402 (4)(a), (4)(b), or (4)(c), or if the actor engages in the conduct described in section 18-3-404 (1)(g) or (1.5).
(d) Any person who commits sexual assault on a child, as such crime is described in section 18-3-405, and the victim is an at-risk juvenile, commits a class 3 felony; except that, if the circumstances described in section 18-3-405 (2)(a), (2)(b), (2)(c), or (2)(d) are present, the person commits a class 2 felony.
(e) Any person who commits sexual assault on a child by one in a position of trust, as such crime is described in section 18-3-405.3, and the victim is an at-risk juvenile, commits a class 2 felony if the victim is less than fifteen years of age or a class 3 felony if the victim is fifteen years of age or older but less than eighteen years of age.
(f) Any person who commits sexual assault on a client by a psychotherapist, as such crime is described in section 18-3-405.5, and the victim is an at-risk person, commits a class 3 felony if the circumstances described in section 18-3-405.5 (1) exist or a class 6 felony if such circumstances are not present.
(7.5) (a) A person commits criminal exploitation of an at-risk person when he or she knowingly uses deception, harassment, intimidation, or undue influence to permanently or temporarily deprive an at-risk person of the use, benefit, or possession of any thing of value.
(b) Criminal exploitation of an at-risk person is a class 3 felony if the thing of value is five hundred dollars or greater. Criminal exploitation of an at-risk person is a class 5 felony if the thing of value is less than five hundred dollars.
(8) (Deleted by amendment, L. 2016.)
(9) (a) A person commits false imprisonment of an at-risk person if without proper legal authority:
(I) (A) The person knowingly confines or detains an at-risk person in a locked or barricaded room or other space; and
(B) Such confinement or detention was part of a continued pattern of cruel punishment or unreasonable isolation or confinement of the at-risk person; or
(II) The person knowingly and unreasonably confines or detains an at-risk person by tying, caging, chaining, or otherwise using similar physical restraints to restrict the at-risk person’s freedom of movement; or
(III) The person knowingly and unreasonably confines or detains an at-risk person by means of force, threats, or intimidation designed to restrict the at-risk person’s freedom of movement.
(b) It is an affirmative defense for any person with responsibility for the care or supervision of an at-risk person whose conduct would otherwise constitute an offense pursuant to subsection (9)(a)(II) of this section that the conduct with respect to the at-risk person is reasonable and appropriate under the circumstances and is also reasonably necessary to promote the safety and welfare of the at-risk person.
(c)
(I) False imprisonment of an at-risk person pursuant to subsection (9)(a)(I) or (9)(a)(II) of this section is a class 6 felony.
(II) False imprisonment of an at-risk person pursuant to subsection (9)(a)(III) of this section is a class 1 misdemeanor.”