Colorado Sex Crime Attorney Blog

Sexual Assault – Position of Trust | CRS 18-3-405.3

Posted by Kyle B. Sawyer | Jan 18, 2021 | 0 Comments

Sexual assault – position of trust is a Colorado sex offense that involves those in supervisory roles engaging in sexual behavior with juveniles. When someone is responsible for a minor's health, welfare, education, or supervision, any sexual contact between the two is unlawful, regardless of consent or difference in age. This can apply to a 45-year-old pastor, a teacher / coach in their thirties, and even a 17-year-old babysitter.

Being a person of trust in Denver, Aurora, and Lakewood carries a great deal of responsibility, regardless of your age. Far too many people spend years, if not decades, in Colorado's prisons and humiliated by the sex offender registry for acts that weren't violent and that many may consider consensual. If you're facing an allegation of this magnitude anywhere in Colorado, exercise your right to remain silent and contact our experienced sex crime lawyers.

Colorado's Sexual Assault – Position of Trust Law

Colorado's sexual assault – position of trust law prohibits sexual contact between people and underage minors they're responsible for or supervise. CRS 18-3-405.3 defines this child sex crime throughout the Denver area and the state of Colorado. You commit sexual assault on a child by one in a position of trust if you:

  • knowingly engage in sexual contact with a minor 17 or younger,
  • AND are responsible for their health, welfare, education, or supervision in any way

While the age of consent in Colorado is 17 (15 or 16 within certain age parameters), this doesn't apply when the other person is in a position of trust. Pastors, counselors, foster parents, teachers, and even close neighbors are a few roles that fit this title in Colorado.

How Serious is Sexual Assault – Position of Trust?

SAOC – Position of Trust is at minimum a class 4 felony in Denver, Aurora, and Colorado Springs. If the alleged victim is 15 – 17 and the sexual contact occurred once, penalties for a conviction can include:

However, if the minor was under 15 or the sexual contact happened more than once, a class 3 felony applies. This can double the prison sentence, substantially add to the fine amounts, and keep a defendant on the sex offender registry for decades, if not life.

Denver Attorney for Sexual Assault on a Minor

Allegations of sexually assaulting a minor are particularly serious in Colorado. Misguided assumptions often plague a defendant, even at the onset of the allegation. Don't lose hope. Our skilled criminal defense attorneys are prepared to fight the charges you face and help protect your future.

Perhaps the touching never involved intimate parts, you weren't in a position of trust to the minor, or false allegations are being used against you. Nonetheless, contact our office for a free, confidential consultation. We offer same-day jail visits, affordable fees, and flexible payment plans. Strategic representation is a reality in uncertain times.

Don't talk to the police about accusations of sexual behavior with minors – talk to us. 303-830-0880

Photo by Diana Polekhina

About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.


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