C.R.S. Section 18-8-410
Abuse of public trust by an educator

  • definitions

(1)

Any educator who knowingly subjects a student to any sexual intrusion or sexual penetration commits abuse of public trust by an educator if the student is at least eighteen years of age and the educator is more than four years older than the student and is not the student’s spouse.

(2)

Abuse of public trust by an educator is a class 1 misdemeanor.

(3)

Consent by the student to the sexual intrusion or sexual penetration does not constitute a defense to the offense.

(4)

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

(a)

“Consent” has the same meaning as set forth in section 18-3-401 (1.5).

(b)

Intentionally left blank —Ed.

(I)

“Educator” means a person employed at the same school the student attends at the time of the sexual contact and who:

(A)

Instructs students at that school;

(B)

Administers, directs, or supervises the educational instruction program or a portion thereof;

(C)

Provides health or educational support services directly to students of the school; or

(D)

Coaches students of the school.

(II)

“Educator” does not include another student at the school where the educator is employed.

(c)

“School” means any institution that instructs persons in any of grades preschool through twelve but does not include any postsecondary school.

(d)

“Sexual intrusion” has the same meaning as set forth in section 18-3-401 (5).

(e)

“Sexual penetration” has the same meaning as set forth in section 18-3-401 (6).

(f)

“Student” means any person enrolled in a school where the educator is employed at the time of the incident, but does not include another student.

(5)

Schools shall advise all educators of the prohibitions in this section.

Source: Section 18-8-410 — Abuse of public trust by an educator - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑8‑101
Definitions 18‑8‑102
Obstructing government operations 18‑8‑103
Resisting arrest 18‑8‑104
Obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer 18‑8‑105
Accessory to crime 18‑8‑106
Refusal to permit inspections 18‑8‑108
Compounding 18‑8‑109
Concealing death 18‑8‑110
False report of explosives, weapons, or harmful substances 18‑8‑111
False reporting to authorities - false reporting of an emergency - definition 18‑8‑111.5
False reporting of identifying information to law enforcement authorities - definition 18‑8‑112
Impersonating a peace officer 18‑8‑113
Impersonating a public servant 18‑8‑114
Abuse of public records 18‑8‑115
Duty to report a crime - liability for disclosure 18‑8‑116
Disarming a peace officer 18‑8‑117
Unlawful sale of publicly provided services or appointments - definitions 18‑8‑201
Aiding escape 18‑8‑201.1
Aiding escape from an institution for the care and treatment of persons with behavioral or mental health disorders 18‑8‑203
Introducing contraband in the first degree 18‑8‑204
Introducing contraband in the second degree - definition 18‑8‑204.1
Possession of contraband in the first degree 18‑8‑204.2
Possession of contraband in the second degree 18‑8‑206
Assault during escape 18‑8‑207
Holding hostages 18‑8‑208
Escapes 18‑8‑208.1
Attempt to escape 18‑8‑208.2
Unauthorized absence 18‑8‑209
Concurrent and consecutive sentences 18‑8‑210.1
Persons in custody or confinement - juvenile offenders 18‑8‑210.2
Persons in custody or confinement 18‑8‑211
Riots in detention facilities 18‑8‑212
Violation of bail bond conditions 18‑8‑213
Unauthorized residency by an adult offender from another state 18‑8‑301
Definitions 18‑8‑302
Bribery 18‑8‑303
Compensation for past official behavior 18‑8‑304
Soliciting unlawful compensation 18‑8‑305
Trading in public office 18‑8‑306
Attempt to influence a public servant 18‑8‑307
Designation of supplier prohibited 18‑8‑308
Failing to disclose a conflict of interest 18‑8‑401
Definitions 18‑8‑402
Misuse of official information 18‑8‑403
Official oppression 18‑8‑404
First degree official misconduct 18‑8‑405
Second degree official misconduct 18‑8‑406
Issuing a false certificate 18‑8‑407
Embezzlement of public property 18‑8‑408
Designation of insurer prohibited 18‑8‑409
Violation of rules and regulations of judicial nominating commissions not subject to criminal prosecution 18‑8‑410
Abuse of public trust by an educator - definitions 18‑8‑501
Definitions 18‑8‑502
Perjury in the first degree 18‑8‑503
Perjury in the second degree 18‑8‑504
False swearing 18‑8‑505
Perjury or false swearing - inconsistent statements 18‑8‑506
Perjury and false swearing - proof 18‑8‑507
Perjury and false swearing - previous criminal action 18‑8‑508
Perjury - retraction 18‑8‑509
Perjury and false swearing - irregularities no defense 18‑8‑601
Definitions 18‑8‑603
Bribe-receiving by a witness 18‑8‑606
Bribing a juror 18‑8‑607
Bribe-receiving by a juror 18‑8‑608
Intimidating a juror 18‑8‑609
Jury-tampering 18‑8‑610
Tampering with physical evidence 18‑8‑610.5
Tampering with a deceased human body 18‑8‑611
Simulating legal process 18‑8‑612
Failure to obey a juror summons 18‑8‑613
Willful misrepresentation of material fact on juror questionnaire 18‑8‑614
Willful harassment of juror by employer 18‑8‑615
Retaliation against a judge or an elected official - definitions 18‑8‑616
Retaliation against a prosecutor 18‑8‑701
Short title 18‑8‑702
Definitions 18‑8‑703
Bribing a witness or victim 18‑8‑704
Intimidating a witness or victim 18‑8‑705
Aggravated intimidation of a witness or victim 18‑8‑706
Retaliation against a witness or victim 18‑8‑706.3
Aggravated retaliation against a witness or victim 18‑8‑706.5
Retaliation against a juror 18‑8‑707
Tampering with a witness or victim 18‑8‑708
Suit for damages by victim of intimidation or retaliation 18‑8‑801
Definitions 18‑8‑802
Duty to report use of force by peace officers - duty to intervene 18‑8‑803
Use of excessive force 18‑8‑804
Approved policy or guidelines 18‑8‑805
Prohibition on using or directing administration of ketamine - duty to report - duty to intervene - definition
Green check means up to date. Up to date

Current through Fall 2024

§ 18-8-410’s source at colorado​.gov