2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 4 - UNLAWFUL SEXUAL BEHAVIOR (§§ 18-3-401 — 18-3-418) › Section 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.
Amended by 2017 Ch. 97,§ 3, eff. 4/4/2017.
Amended by 2013 Ch. 353,§ 8, eff. 7/1/2013.
L. 90: Entire section added, p. 1028, § 16, effective July 1. L. 98: Entire section amended, p. 1444, § 33, effective July 1. L. 2002: (2)(b) amended, p. 1582, § 9, effective July 1; (4) amended, p. 1513, § 192, effective October 1. L. 2006: (2)(b) amended, p. 413, § 3, effective July 1. L. 2013: (5) added, (SB 13-227), ch. 353, p. 2061, § 8, effective July 1. L. 2017: (2)(b) amended, (HB 17-1109), ch. 97, p. 293, § 3, effective April 4.
For the legislative declaration contained in the 2002 act amending subsection (4), see section 1 of chapter 318, Session Laws of Colorado 2002.