Section 18-3-405 - Sexual assault on a child(1) Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim.(2) Sexual assault on a child is a class 4 felony, but it is a class 3 felony if: (a) The actor applies force against the victim in order to accomplish or facilitate sexual contact; or(b) The actor, in order to accomplish or facilitate sexual contact, threatens imminent death, serious bodily injury, extreme pain, or kidnapping against the victim or another person, and the victim believes that the actor has the present ability to execute the threat; or(c) The actor, in order to accomplish or facilitate sexual contact, threatens retaliation by causing in the future the death or serious bodily injury, extreme pain, or kidnapping against the victim or another person, and the victim believes that the actor will execute the threat; or(d) 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 must 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 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.(3) If a defendant is convicted of the class 3 felony of sexual assault on a child pursuant to paragraphs (a) to (d) of subsection (2) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406.(4) A person who is convicted on or after July 1, 2013, of sexual assault on a child 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.Amended by 2017 Ch. 97, § 2, eff. 4/4/2017.Amended by 2013 Ch. 353, § 9, eff. 7/1/2013.L. 75: Entire part R&RE, p. 630, § 1, effective July 1. L. 77: (1) amended, p. 962, § 18, effective July 1. L. 83: (2) amended, p. 693, § 2, effective June 15. L. 86: (3) added, p. 777, § 7, effective July 1. L. 89: (2)(b) and (3) amended and (2)(c) added, p. 903, §§ 2, 3, effective June 1. L. 90: (2)(b) repealed, p. 1033, § 25, effective July 1. L. 95: (2) and (3) amended, p. 1252, § 11, effective July 1. L. 2002: (2)(d) amended, p. 1582, § 8, effective July 1; (3) amended, p. 1513, § 191, effective October 1. L. 2006: (2)(d) amended, p. 413, § 2, effective July 1. L. 2013: (4) added, (SB 13-227), ch. 353, p. 2061, § 9, effective July 1. L. 2017: (2)(d) amended, (HB 17-1109), ch. 97, p. 293, § 2, effective April 4.This section is similar to former § 18-3-408 as it existed prior to 1975.
For the legislative declaration contained in the 2002 act amending subsection (3), see section 1 of chapter 318, Session Laws of Colorado 2002.