§ 18-3-405.3 — Sexual assault on a child by one in a position of trust

Colorado § 18-3-405.3

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Offenses Against the Person

Text

(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.

Legislative History

Source: 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.