§ 18-3-405.5 — Sexual assault on a client by a psychotherapist - definitions

Colorado § 18-3-405.5

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

Text

(1) (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) (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.

Legislative History

Source: L. 88: Entire section added, p. 726, � 1, effective July 1. L. 89: (3) amended, p. 831, � 42, effective July 1. L. 2011: IP(4) and (4)(b) amended, (SB 11-187), ch. 285, p. 1327, � 69, effective July 1. L. 2013: (5) added, (SB 13-227), ch. 353, p. 2062, � 10, effective July 1. L. 2017: (4)(c) amended, (SB 17-242), ch. 263, p. 1307, � 141, effective May 25.