C.R.S. Section 18-3-402
Sexual assault

(1)

Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:

(a)

The actor causes sexual intrusion or sexual penetration knowing the victim does not consent; or

(b)

The actor knows that the victim is incapable of appraising the nature of the victim’s conduct; or

(c)

The actor knows that the victim submits erroneously, believing the actor to be the victim’s spouse; or

(d)

At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or

(e)

At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim; or

(f)

The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search; or

(g)

The actor, while purporting to offer a medical service, engages in treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices; or

(h)

The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented.

(2)

Sexual assault is a class 4 felony, except as provided in subsections (3), (3.5), (4), and (5) of this section.

(3)

If committed under the circumstances of subsection (1)(e) of this section, sexual assault is a class 6 felony. Notwithstanding any other provision of law, a person convicted of subsection (1)(e) of this section is eligible to petition for removal from the registry in accordance with section 16-22-113 (1)(b).

(3.5)

Sexual assault is a class 3 felony if committed under the circumstances described in paragraph (h) of subsection (1) of this section.

(4)

Sexual assault is a class 3 felony if it is attended by any one or more of the following circumstances:

(a)

The actor causes submission of the victim through the actual application of physical force or physical violence; or

(b)

The actor causes submission of the victim by threat of imminent death, serious bodily injury, extreme pain, or kidnapping, to be inflicted on anyone, and the victim believes that the actor has the present ability to execute these threats; or

(c)

The actor causes submission of the victim by threatening to retaliate in the future against the victim, or any other person, and the victim reasonably believes that the actor will execute this threat. As used in this paragraph (c), “to retaliate” includes threats of kidnapping, death, serious bodily injury, or extreme pain.

(d)

The actor has substantially impaired the victim’s power to appraise or control the victim’s conduct by employing, without the victim’s consent, any drug, intoxicant, or other means for the purpose of causing submission.
(e)(Deleted by amendment, L. 2002, p. 1578, § 2, effective July 1, 2002.)(5)(a) Sexual assault is a class 2 felony if any one or more of the following circumstances exist:

(I)

In the commission of the sexual assault, the actor is physically aided or abetted by one or more other persons; or

(II)

The victim suffers serious bodily injury; or

(III)

The actor is armed with a deadly weapon or an article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon or represents verbally or otherwise that the actor is armed with a deadly weapon and uses the deadly weapon, article, or representation to cause submission of the victim.

(b)

Intentionally left blank —Ed.

(I)

If a defendant is convicted of sexual assault pursuant to this subsection (5), the court shall sentence the defendant in accordance with section 18-1.3-401 (8)(e). A person convicted solely of sexual assault pursuant to this subsection (5) shall not be sentenced under the crime of violence provisions of section 18-1.3-406 (2). Any sentence for a conviction under this subsection (5) shall be consecutive to any sentence for a conviction for a crime of violence under section 18-1.3-406.

(II)

The provisions of this paragraph (b) shall apply to offenses committed prior to November 1, 1998.

(6)

Any person convicted of felony sexual assault committed on or after November 1, 1998, under any of the circumstances described in this section shall be sentenced in accordance with the provisions of part 10 of article 1.3 of this title.

(7)

A person who is convicted on or after July 1, 2013, of a sexual assault under this section, upon conviction, shall be advised by the court that the person has no right:

(a)

To notification of the termination of parental rights and no standing to object to the termination of parental rights for a child conceived as a result of the commission of that offense;

(b)

To allocation of parental responsibilities, including parenting time and decision-making responsibilities for a child conceived as a result of the commission of that offense;

(c)

Of inheritance from a child conceived as a result of the commission of that offense; and

(d)

To notification of or the right to object to the adoption of a child conceived as a result of the commission of that offense.

Source: Section 18-3-402 — Sexual assault, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑3‑101
Definition of terms 18‑3‑102
Murder in the first degree 18‑3‑103
Murder in the second degree - definitions 18‑3‑104
Manslaughter 18‑3‑105
Criminally negligent homicide 18‑3‑106
Vehicular homicide 18‑3‑107
First degree murder of a peace officer, firefighter, or emergency medical service provider - legislative declaration 18‑3‑201
Definitions 18‑3‑202
Assault in the first degree 18‑3‑203
Assault in the second degree 18‑3‑204
Assault in the third degree 18‑3‑205
Vehicular assault 18‑3‑206
Menacing 18‑3‑207
Criminal extortion - aggravated extortion 18‑3‑208
Reckless endangerment 18‑3‑210
Unlawfully aiming a laser device at an aircraft - definitions 18‑3‑301
First degree kidnapping 18‑3‑302
Second degree kidnapping 18‑3‑303
False imprisonment 18‑3‑304
Violation of custody order or order relating to parental responsibilities 18‑3‑305
Enticement of a child 18‑3‑306
Internet luring of a child 18‑3‑401
Definitions 18‑3‑402
Sexual assault 18‑3‑404
Unlawful sexual contact 18‑3‑405
Sexual assault on a child 18‑3‑405.3
Sexual assault on a child by one in a position of trust 18‑3‑405.4
Internet sexual exploitation of a child 18‑3‑405.5
Sexual assault on a client by a psychotherapist - definitions 18‑3‑405.6
Invasion of privacy for sexual gratification 18‑3‑405.7
Unlawful sexual conduct by a peace officer - definition 18‑3‑407
Victim’s and witness’s prior history - evidentiary hearing - victim’s identity - protective order 18‑3‑407.5
Victim evidence - forensic evidence - electronic lie detector exam without victim’s consent prohibited 18‑3‑407.7
Sexual assault victim emergency payment program - creation - eligibility 18‑3‑407.9
Forensic nurse examiners - telehealth program - creation - appropriation 18‑3‑408
Jury instruction prohibited 18‑3‑408.5
Jury instruction on consent - when required 18‑3‑409
Marital defense 18‑3‑410
Medical exception 18‑3‑411
Sex offenses against children - limitation for commencing proceedings - evidence - statutory privilege - definition 18‑3‑412
Habitual sex offenders against children - indictment or information - verdict of the jury 18‑3‑412.5
Failure to register as a sex offender 18‑3‑412.6
Failure to verify location as a sex offender 18‑3‑413
Video tape depositions - children - victims of sexual offenses 18‑3‑414
Payment of treatment costs for the victim or victims of a sexual offense against a child 18‑3‑414.5
Sexually violent predators - assessment - annual report - definitions 18‑3‑415
Testing for persons charged with sexual offense 18‑3‑415.5
Testing persons charged with certain sexual offenses for serious sexually transmitted infections - mandatory sentencing 18‑3‑416
Reports of convictions to department of education 18‑3‑417
Reports of sexual assault by applicants, registrants, or licensed professionals 18‑3‑418
Unlawful electronic sexual communication - person in a position of trust - definitions 18‑3‑501
Legislative declaration 18‑3‑502
Definitions 18‑3‑503
Human trafficking for involuntary servitude - human trafficking of a minor for involuntary servitude 18‑3‑504
Human trafficking for sexual servitude - human trafficking of a minor for sexual servitude 18‑3‑505
Human trafficking council - created - duties - repeal 18‑3‑601
Legislative declaration 18‑3‑602
Stalking - penalty - definitions - Vonnie’s law
Green check means up to date. Up to date

Current through Fall 2024

§ 18-3-402’s source at colorado​.gov