Sexual assault in Colorado

What the charge means

To convict, prosecutors must prove beyond a reasonable doubt that the accused knowingly caused sexual intrusion or penetration, and that the other person did not consent or that the law treated them as unable to consent. The statute lists the specific circumstances, including:

• The accused knew the other person did not consent.
• The other person was incapable of understanding what was happening, or was physically helpless.
• The other person was impaired by a drug or intoxicant given without their consent.
• The other person was under 15 and the accused was at least 4 years older, or was 15 or 16 and the accused was at least 10 years older.
• The accused held a position of authority, such as in a jail, hospital, or similar setting, and used it to cause submission.

Most contested cases turn on consent and on what the accused knew. Common scenarios include allegations between people who know each other, encounters involving alcohol, and reports made days, months, or years later.

Classification and sentencing

The baseline charge is a class 4 felony. Felony sexual assault falls under Colorado's Sex Offender Lifetime Supervision Act, C.R.S. 18-1.3-1004, which uses indeterminate sentencing. Indeterminate means the court sets a bottom number and the top of the sentence is natural life. If the court imposes prison on the class 4 felony, the bottom number is at least 2 years, the low end of the class 4 range under C.R.S. 18-1.3-401. The parole board, not the judge, decides when release happens after the minimum is served and treatment requirements are met.

The charge becomes a class 3 felony if the state alleges submission was caused by actual physical force or violence, or by threats of death, serious bodily injury, extreme pain, or kidnapping. That version is sentenced as a crime of violence, which means prison is required and the court must set the bottom number in an enhanced range. Courts and practitioners commonly describe the available bottom terms as 10 to 32 years, with the top still natural life. The charge becomes a class 2 felony in the most serious situations, such as when the accused was helped by others, caused serious bodily injury, or was armed with a deadly weapon. A narrow age-gap version, where the other person is 15 or 16 and the accused is at least 10 years older, is a class 1 misdemeanor.

These ranges describe what applies if the court orders incarceration. For class 4 felony cases that are not crimes of violence, probation is sometimes possible. Probation in these cases is also indeterminate, with intensive supervision and treatment, for at least 10 years and up to life. Where force is proven, the law requires a prison sentence.

What else it touches

A conviction reaches well past the sentence itself:

• Registration. Sex offender registration under C.R.S. title 16, article 22 is required.
• Firearms. A felony conviction bars firearm possession under both Colorado and federal law.
• Immigration. For noncitizens, a conviction can mean removal and permanent inadmissibility.
• Record sealing. Convictions for offenses involving unlawful sexual behavior generally cannot be sealed in Colorado.
• Licenses and work. Teaching, healthcare, and many other professional licenses are at risk.

We defend sexual assault charges in Colorado, and a consultation is the place to get answers about a specific situation.