Contact us 24/7 at 303-265-1950

sexual assault, on a child, position of trust

C.R.S. 18-3-405.3

Sexual Assault on a Child by One in a Position of Trust | Douglas County Lawyer

Sexual Assault on a Child by One in a Position of Trust is charged in Douglas County whenever someone has sexual contact with a child less than eighteen years of age, and the actor is in a position of trust with respect to the victim. People in a “position of trust” can often include pastors, teachers, babysitters, stepparents, or coaches. Sometimes, it is just an adult or older child who gives a ride to someone or is charged with supervising them in an informal manner.  Sexual Assault on a Child by One in a Position of Trust can be charged as a class 3 felony or class 4 felony in Colorado.  Mandatory prison is possible with this Sexual Assault charge, so never speak to police and contact a Sexual Assault lawyer in Castle Rock if facing charges.

Who is Considered to be “One in a Position of Trust” in Parker, Highlands Ranch, and Lone Tree?

In Lone Tree, Highlands Ranch, Parker, and other cities in Douglas County, One in a Position of Trust “includes, but is not limited to, any person who is a parent or acting in the place of a parent and charged with any of a parent’s rights, duties, or responsibilities concerning a child, including a guardian or someone otherwise responsible for the general supervision of a child’s welfare, or a person who is charged with any duty or responsibility for the health, education, welfare, or supervision of a child, including foster care, child care, family care, or institutional care, either independently or through another, no matter how brief, at the time of an unlawful act” (C.R.S. 18-3-401).

Definition of Sexual Assault on a Child by One in a Position of Trust  | C.R.S. 18-3-405.3:

(1)  Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child by one in a position of trust if the victim is a child less than eighteen years of age and the actor committing the offense is one in a position of trust with respect to the victim.

(2)  Sexual assault on a child by one in a position of trust is a class 3 felony if:

     (a)  The victim is less than fifteen years of age; or
     (b)  The actor commits the offense as a part of a pattern of sexual abuse as described in subsection (1) of this section. No specific date or time need be alleged for the pattern of sexual abuse; except that the acts constituting the pattern of sexual abuse whether charged in the information or indictment or committed prior to or at any time after the offense charged in the information or indictment, shall be subject to the provisions of section 16-5-401 (1)(a), concerning sex offenses against children. The offense charged in the information or indictment shall constitute one of the incidents of sexual contact involving a child necessary to form a pattern of sexual abuse as defined in section 18-3-401 (2.5). Prosecution for any incident of sexual contact constituting the offense or any incident of sexual contact constituting the pattern of sexual abuse may be commenced and the offenses charged in an information or indictment in a county where at least one of the incidents occurred or in a county where an act in furtherance of the offense was committed.
sexual assault, on a child, one in a position of trust, charges, underage, minor, lawyer, attorney, castle rock, Colorado
(3)  Sexual assault on a child by one in a position of trust is a class 4 felony if the victim is fifteen years of age or older but less than eighteen years of age and the offense is not committed as part of a pattern of sexual abuse, as described in paragraph (b) of subsection (2) of this section.
(4)  If a defendant is convicted of the class 3 felony of sexual assault on a child pursuant to paragraph (b) of subsection (2) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406.

(5)  A person who is convicted on or after July 1, 2013, of sexual assault on a child by one in a position of trust 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.

Penalty for Sexual Assault on a Child by One in a Position of Trust
Castle Rock, Colorado

 

Class 3 Felony

 

Minimum Sentence

4 years in Prison

$3,000 Fine

Maximum Sentence

12 years in Prison

$750,000 Fine

Class 4 Felony

 

Minimum Sentence

2 years in Prison

$2,000 Fine

Maximum Sentence

6 years in Prison

$500,000 Fine

Beyond prison time and fines, come years of registering as a sex offender, and Sex Offender Intensive Supervised Probation. Sexual Assault on a Child by One in a Position of Trust is also subject to Indeterminate Sentencing, which means you can be given a minimum sentence, but no maximum (for example, 4 years to life).

Charged with Sexual Assault on a Child by One in a Position of Trust?

Call Us at 303-265-1950

If you are contacted by police regarding charges of Sexual Assault on a Child by One in a Position of Trust  in Lone Tree, Parker, Castle Rock, Highlands Ranch, or anywhere in Douglas County, be smart. Exercise your right to remain silent and contact the experienced criminal defense lawyers at Sawyer Legal Group today at 303-265-1950. Together, we can protect your future.

GET HELP NOW