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In Colorado, you commit sexual assault on a child when you subject a child, other than your spouse, to sexual contact.
To be convicted of sexual assault on a child, the prosecutor must prove:
In short, the sexual assault on a child statute makes it a crime for an adult to have sexual contact with a child. Sexual assault on a child is the type of crime that requires the imposition of an indeterminate sentence.
Example 1: A 19-year-old college sophomore is visiting his hometown for the weekend. He goes to a high school party and hooks up with a 14-year-old high school freshman. While they are hooking up, he touches her butt and her breasts.
Example 2: A father lets his 12-year-old daughter have a slumber party with two of her friends. After the girls go to sleep, he stays awake and watches a movie in the living room. A short while later, one of the girls comes out to the living room and sits next to the father on the couch. The girl starts kissing the father and he touches her vagina over her pants.
There are many different way a prosecutor can charge sexual assault on a child in Colorado. The essential elements of the crime require sexual contact between an adult and a child who is four years younger then him and under the age of 15.
Sexual assault on a child is typically a class four felony, but it can be charged as a class three felony if:
A conviction for the class 4 felony of sexual assault on a child requires the imposition of an indeterminate sentence. If a person receives an indeterminate probation sentence it will be for a period of ten years. If a person is sentenced to prison, he will receive an indeterminate sentence of between 2-6 years, up to the rest of his life.
If a person is convicted of the class three felony of sexual assault on a child, he will be sentenced to prison for an indeterminate length of time between 8-24 years, up to the rest of his life.
There are many ways to defend someone from charges of sexual assault on a child. Oftentimes, these kinds of charges are reported many days, months, or years after the alleged sexual assault occurred. In order to defend you, an experienced Colorado criminal defense attorney will:
Another defense to sexual assault on a child charges is denial. Marriage is a defense to sexual assault on a child. In order to qualify for this defense, the defendant must have been married to the child at the time the sexual contact occurred.
There is no statute of limitations for the crime of sexual assault on a child. C.R.S. § 16-5-401 is the law that contains the statutes of limitations for criminal charges in Colorado. Sexual crimes committed against children are some of the most serious charges that can be filed against you. Generally speaking, the legislature gives prosecutors more time to file more serious cases. Sexual assault on a child is such a serious crime that the legislature has granted prosecutors an unlimited amount of time to file those charges.
You will have to register as a sex offender if you are convicted of sexual assault on a child. Depending on the number of charges filed against you, it is possible for you to be removed from the registry after a certain period of time has passed.