Protections Against Child Rape

The presumptive range of penalties for a class 4 felony under current law is 2 to 6 years of imprisonment. The presumptive range of penalties for a class 3 felony under current law is 4 to 12 years of imprisonment. Under current law, a court shall sentence a sex offender to an indeterminate term in the custody of the department of corrections that can range from the applicable presumptive range minimum to a maximum of the sex offender's natural life. However, current law permits the court to sentence a sex offender to probation for an indeterminate period that can range from 10 years for a class 4 felony and 20 years for a class 3 felony to a maximum of the sex offender's natural life.

The bill requires a court to sentence an offender convicted of a class 4 felony sexual assault on a child or sexual assault on a child by one in a position of trust to an indeterminate term of incarceration that can range from the presumptive range minimum of 2 years to a maximum of the offender's natural life. The bill requires a court to sentence an offender convicted of a class 3 felony sexual assault on a child by one in a position of trust when the child is less than 15 years of age to an indeterminate term of incarceration that can range from the presumptive range minimum of 4 years to a maximum of the offender's natural life. The bill prohibits a court from sentencing these types of offenders to probation. (Note: This summary applies to this bill as introduced.)