What IS Sexual Assault on a Child by One in a Position of Trust?

• Sexual Assault on a Child by One in a Position of Trust is when a person knowingly subjects a person, who is not their spouse, to any sexual contact, and the victim is less than 18 years old, and the actor is someone in a position of trust with regard to the victim (parent, step-parent, babysitter, grandparent, etc.).

• Sexual Assault on a Child by One in a Position of Trust does not need to include penetration or intrusion, it can be any sexual contact with the child victim.

• Sexual Assault on a Child by One in a Position of Trust is charged as a Class 4 Felony if the victim is fifteen years of age or older, but less than 18 years of age, and the act is not committed as part of a pattern of sexual abuse.

• Sexual Assault on a Child by One in a Position of Trust is a Class 3 Felony if:

  • The victim is less than 15 years of age; or

  • The actor commits the sexual acts as a part of a pattern of sexual abuse.

• A conviction for Sexual Assault on a Child, when charged as a Class 3 Felony, is considered an Act of Violence under C.R.S. 18-1.3.406, and if convicted the charge will be sentenced as an indeterminant sentence.

  • This means the sentence will not specify a mandatory release date, and the sentence can last the rest of a person's life

• Penalties for Sexual Assault on a Child:

  • Sexual Assault on a Child, when charged as a Class 4 Felony, carries a penalty of up to 8 years in the Department of Corrections, and a fine of up to $500,000.

  • Sexual Assault on a Child, when charged as a Class 3 Felony, carries an initial prison penalty of up to 32 years and a maximum penalty of up to life in the Department of Corrections, and a fine of up to $750,000.

C.R.S. 18-3-405.3 - Sexual Assault ON A CHILD BY ONE IN A POSITION OF TRUST

(1) Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child by one in a position of trust if the victim is a child less than eighteen years of age and the actor committing the offense is one in a position of trust with respect to the victim.

(2) Sexual assault on a child by one in a position of trust is a class 3 felony if:

(a) The victim is less than fifteen years of age; or

(b) The actor commits the offense as a part of a pattern of sexual abuse as described in subsection (1) of this section. No specific date or time need be alleged for the pattern of sexual abuse; except that the acts constituting the pattern of sexual abuse whether charged in the information or indictment or committed prior to or at any time after the offense charged in the information or indictment, shall be subject to the provisions of section 16-5-401 (1)(a), concerning sex offenses against children. The offense charged in the information or indictment shall constitute one of the incidents of sexual contact involving a child necessary to form a pattern of sexual abuse as defined in section 18-3-401 (2.5). Prosecution for any incident of sexual contact constituting the offense or any incident of sexual contact constituting the pattern of sexual abuse may be commenced and the offenses charged in an information or indictment in a county where at least one of the incidents occurred or in a county where an act in furtherance of the offense was committed.

(3) Sexual assault on a child by one in a position of trust is a class 4 felony if the victim is fifteen years of age or older but less than eighteen years of age and the offense is not committed as part of a pattern of sexual abuse, as described in paragraph (b) of subsection (2) of this section.

(4) If a defendant is convicted of the class 3 felony of sexual assault on a child pursuant to paragraph (b) of subsection (2) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406.

(5) A person who is convicted on or after July 1, 2013, of sexual assault on a child by one in a position of trust 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.