C.R.S. Section 18-3-405.5
Sexual assault on a client by a psychotherapist

  • definitions

(1)

Intentionally left blank —Ed.

(a)

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

(I)

The actor is a psychotherapist and the victim is a client of the psychotherapist; or

(II)

The actor is a psychotherapist and the victim is a client and the sexual penetration or intrusion occurred by means of therapeutic deception.

(b)

Aggravated sexual assault on a client is a class 4 felony.

(2)

Intentionally left blank —Ed.

(a)

Any actor who knowingly subjects a victim to any sexual contact commits sexual assault on a client if:

(I)

The actor is a psychotherapist and the victim is a client of the psychotherapist; or

(II)

The actor is a psychotherapist and the victim is a client and the sexual contact occurred by means of therapeutic deception.

(b)

Sexual assault on a client is a class 1 misdemeanor.

(3)

Consent by the client to the sexual penetration, intrusion, or contact shall not constitute a defense to such offense.

(4)

As used in this section, unless the context otherwise requires:

(a)

“Client” means a person who seeks or receives psychotherapy from a psychotherapist.

(b)

“Psychotherapist” means any person who performs or purports to perform psychotherapy, whether the person is licensed or registered by the state pursuant to title 12, C.R.S., or certified by the state pursuant to part 5 of article 1 of title 25, C.R.S.

(c)

“Psychotherapy” means the treatment, diagnosis, or counseling in a professional relationship to assist individuals or groups to alleviate behavioral or mental health disorders, understand unconscious or conscious motivation, resolve emotional, relationship, or attitudinal conflicts, or modify behaviors that interfere with effective emotional, social, or intellectual functioning.

(d)

“Therapeutic deception” means a representation by a psychotherapist that sexual contact, penetration, or intrusion by the psychotherapist is consistent with or part of the client’s treatment.

(5)

A person who is convicted on or after July 1, 2013, of sexual assault on a client by a psychotherapist 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 18-3-405.5 — Sexual assault on a client by a psychotherapist - definitions, 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

§ 18-3-405.5’s source at colorado​.gov