Normally, in Denver and Douglas County, Sexual Assault, C.R.S. 18-3-402, is a felony. However, there is an exception to this felony crime if a person has engaged in sexual conduct with a child victim 15 or 16 years of age. Depending on the ages of an actor and child victim, Sexual Assault can be charged as a misdemeanor. While this is good news, there is a hidden penalty to pay to get a misdemeanor.
Misdemeanor Sexual Assault Law in Arapahoe County: What is Misdemeanor Sexual Assault?
Under C.R.S. 18-3-402(1)(e), if a person inflicts sexual intrusion or sexual penetration on a victim in Arapahoe County who is 15 or 16 years old, and the actor is at least four years older than the victim, Sexual Assault is a class 1 misdemeanor extraordinary risk crime. Normally, children are unable to give sexual consent. However, in misdemeanor Sexual Assault cases, a child must have given sexual consent, otherwise it becomes forced sexual contact or penetration. Of course, the misdemeanor Sexual Assault on a Child statute requires that the adult is not in a position of trust with respect to the child victim. If a person who has sexual contact with a child less than 18 years of age is in a position of trust (such as a sports coach, pastor, or teacher), felony Sexual Assault on a Child by One in a Position of Trust, C.R.S. 18-3-405.3, charges will be filed.
What is the Penalty of Misdemeanor Sexual Assault in Adams and Jefferson County?
All sexual offenses in Adams and Jefferson County can come with serious consequences upon a conviction, and misdemeanor Sexual Assault is not an exception. As a class 1 misdemeanor extraordinary risk crime, a person can risk facing up to 24 months in the Adams County Jail or Jefferson County Jail. Additionally, they must register forever as a sex offender and undergo treatment under the Colorado Sex Offender Management Board. Some of these restrictions include no contact with children, not even your own. The involvement of an affordable criminal defense attorney is absolutely necessary if faced with misdemeanor Sexual Assault charges. In some cases, we can request for supervised child contact or work out favorable plea bargain deals for our clients.Request a Free Consultation