(1) Any actor who knowingly inflicts sexual intrusion or
sexual penetration on a victim commits sexual assault if:
(a) The actor causes sexual intrusion or sexual penetration knowing the victim does not
consent; or
(b) The actor knows that the victim is incapable of appraising the nature of the victim's
conduct; or
(c) The actor knows that the victim submits erroneously, believing the actor to be the
victim's spouse; or
(d) At the time of the commission of the act, the victim is less than fifteen years of age
and the actor is at least four years older than the victim and is not the spouse of the victim; or
(e) At the time of the commission of the act, the victim is at least fifteen years of age but
less than seventeen years of age and the actor is at least ten years older than the victim and is not
the spouse of the victim; or
(f) The victim is in custody of law or detained in a hospital or other institution and the
actor has supervisory or disciplinary authority over the victim and uses this position of authority
to coerce the victim to submit, unless the act is incident to a lawful search; or
(g) The actor, while purporting to offer a medical service, engages in treatment or
examination of a victim for other than a bona fide medical purpose or in a manner substantially
inconsistent with reasonable medical practices; or
(h) The victim is physically helpless and the actor knows the victim is physically
helpless and the victim has not consented.
(2) Sexual assault is a class 4 felony, except as provided in subsections (3), (3.5), (4),
and (5) of this section.
(3) If committed under the circumstances of subsection (1)(e) of this section, sexual
assault is a class 6 felony. Notwithstanding any other provision of law, a person convicted of
subsection (1)(e) of this section is eligible to petition for removal from the registry in accordance
with section 16-22-113 (1)(b).
(3.5) Sexual assault is a class 3 felony if committed under the circumstances described in
paragraph (h) of subsection (1) of this section.
(4) Sexual assault is a class 3 felony if it is attended by any one or more of the following
circumstances:
(a) The actor causes submission of the victim through the actual application of physical
force or physical violence; or
(b) The actor causes submission of the victim by threat of imminent death, serious
bodily injury, extreme pain, or kidnapping, to be inflicted on anyone, and the victim believes that
the actor has the present ability to execute these threats; or
(c) The actor causes submission of the victim by threatening to retaliate in the future
against the victim, or any other person, and the victim reasonably believes that the actor will
execute this threat. As used in this paragraph (c), "to retaliate" includes threats of kidnapping,
death, serious bodily injury, or extreme pain.
(d) The actor has substantially impaired the victim's power to appraise or control the
victim's conduct by employing, without the victim's consent, any drug, intoxicant, or other
means for the purpose of causing submission.
(e) (Deleted by amendment, L. 2002, p. 1578, § 2, effective July 1, 2002.)
(5) (a) Sexual assault is a class 2 felony if any one or more of the following
circumstances exist:
(I) In the commission of the sexual assault, the actor is physically aided or abetted by
one or more other persons; or
(II) The victim suffers serious bodily injury; or
(III) The actor is armed with a deadly weapon or an article used or fashioned in a manner
to cause a person to reasonably believe that the article is a deadly weapon or represents verbally
or otherwise that the actor is armed with a deadly weapon and uses the deadly weapon, article, or
representation to cause submission of the victim.
(b) (I) If a defendant is convicted of sexual assault pursuant to this subsection (5), the
court shall sentence the defendant in accordance with section 18-1.3-401 (8)(e). A person
convicted solely of sexual assault pursuant to this subsection (5) shall not be sentenced under the
crime of violence provisions of section 18-1.3-406 (2). Any sentence for a conviction under this
subsection (5) shall be consecutive to any sentence for a conviction for a crime of violence under
section 18-1.3-406.
(II) The provisions of this paragraph (b) shall apply to offenses committed prior to
November 1, 1998.
(6) Any person convicted of felony sexual assault committed on or after November 1,
1998, under any of the circumstances described in this section shall be sentenced in accordance
with the provisions of part 10 of article 1.3 of this title.
(7) A person who is convicted on or after July 1, 2013, of a sexual assault 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.
Source: L. 75: Entire part R&RE, p. 628, § 1, effective July 1. L. 77: (1) amended, p.
962, § 15, effective July 1. L. 83: IP(1) amended, p. 698, § 1, effective July 1. L. 85: (2) R&RE
and (3) and (4) amended, pp. 666, 667, §§ 1, 2, effective July 1. L. 95: (4) amended, p. 1252, §
9, effective July 1. L. 98: (4) amended, p. 1293, § 13, effective November 1. L. 2000: Entire
section R&RE, p. 698, § 18, effective July 1. L. 2002: (1)(g), (2), and (4)(e) amended and (1)(h)
and (3.5) added, p. 1578, §§ 1, 2, effective July 1; (5)(b)(I) and (6) amended, p. 1512, § 189,
effective October 1. L. 2004: (3) and (6) amended, p. 635, § 5, effective August 4. L. 2013: (7)
added, (SB 13-227), ch. 353, p. 2060, § 6, effective July 1. L. 2021: (3) amended, (SB 21-271),
ch. 462, p. 3174, § 197, effective March 1, 2022. L. 2022: (1)(a) amended, (HB 22-1169), ch.
41, p. 214, § 1, effective July 1.
Editor's note: This section is similar to former § 18-3-401 as it existed prior to 1975.
Cross references: For the legislative declaration contained in the 2002 act amending
subsections (5)(b)(I) and (6), see section 1 of chapter 318, Session Laws of Colorado 2002.
Notes of Decisions
Cited in
318
cases (
42 in the last 5 years), 1975–2026 · leading case:
v. Vanderpauye, 2021 COA 121 (Colo. Ct. App. 2021).
v. Vanderpauye, 2021 COA 121 (Colo. Ct. App. 2021).
· cites it 15× “¶7 The prosecution charged Vanderpauye with three counts: sexual assault (causing submission of the victim) under section 18-3-402(1)(a), C.R.S. 2020; sexual assault (incapable of appraising) under section 18-3-402(1)(b); and sexual assault (victim physically helpless)…”
Garcia v. People, 2019 CO 64 (Colo. 2019).
· cites it 10× “The division observed that the substantive elements of sexual assault are enumerated in section 18-3-402(1)(a), whereas the force sentence enhancer is enumerated in section 18-3-402(4).”
Platt v. People, 201 P.3d 545 (Colo. 2009).
· cites it 64× “" [3] In 2000, the General Assembly amended the statute to merge the varying degrees of sexual assault into section 18-3-402, C.R.S. (2000). [4] The sexual assault statute in place when we considered Dunton , § 18-3-402, C.”
McCoy v. People, 2019 CO 44 (Colo. 2019).
· cites it 6× “¶51 In so concluding, we are unpersuaded by the People's contention that the General Assembly's decision to amend section 18-3-402(1)(g), C.R.S. (2018), to limit it to those "purporting to offer a medical service" means that the legislature necessarily intended for section…”
People v. Naranjo, 612 P.2d 1099 (Colo. 1980).
· cites it 51× “The defendant was convicted of first-degree sexual assault under section 18-3-402, C.R.S.1973 (1976 Supp.; current version in 1978 Repl.”
People v. Rodriguez, 914 P.2d 230 (Colo. 1996).
· cites it 14× “See § 18-3-402(2), 8 C.R.S. (1978). Section 18-3-402(2) provides for enhancement of the felony class if: (a) In the commission of the sexual assault the actor is physically aided or abetted by one or more other persons; or *273 (b) The victim suffers serious bodily injury; or…”
People v. Haymaker, 716 P.2d 110 (Colo. 1986).
· cites it 28× “[5] Section 18-3-402(2), 8 C.R.S. (1978) provides that "[s]exual assault in the first degree is a class 3 felony, but it is a class 2 felony if: .”
People v. Baker, 178 P.3d 1225 (Colo. Ct. App. 2007).
· cites it 10× “We vacate the jury’s finding of the class three felony aggravator under section 18-3-402(4)(c), C.R.S.2007, as to one sexual assault count, and we affirm the judgment and sentence in all other respects.”
People v. King, 151 P.3d 594 (Colo. Ct. App. 2006).
· cites it 18× “2005, states that sexual assault is a class three felony if “[t]he actor causes submission of the victim through the actual application of physical force or physical violence.”
People v. Vigil, 718 P.2d 496 (Colo. 1986).
· cites it 12× “Section 18-3-402 provides in part: (1)Any actor who knowingly inflicts sexual penetration on a victim commits a sexual assault in the first degree if: (a) The actor causes submission of the victim through the actual application of physical force or physical violence; or (b) The…”
People v. Mena, 2025 COA 14 (Colo. Ct. App. 2025).
· cites it 36× “2024 — which prohibits coercing or inducing a child to engage in sexual contact or expose intimate parts “by any of the means set forth in section 18-3-402[, C.R.S. 2024]” — and must decide whether those “means” include each of the eight different ways of accomplishing sexual…”
People v. Marko, 2015 COA 139 (Colo. Ct. App. 2015).
· cites it 7× “[t]he actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victimâs will.”
— Colo. Rev. Stat. § 18-3-402(1) — 30 cases
People v. Mena, 2025 COA 14 (Colo. Ct. App. 2025).
“2024 — which prohibits coercing or inducing a child to engage in sexual contact or expose intimate parts “by any of the means set forth in section 18-3-402[, C.R.S. 2024]” — and must decide whether those “means” include each of the eight different ways of accomplishing sexual…”
People v. Vigil, 718 P.2d 496 (Colo. 1986).
“Section 18-3-402 provides in part: (1)Any actor who knowingly inflicts sexual penetration on a victim commits a sexual assault in the first degree if: (a) The actor causes submission of the victim through the actual application of physical force or physical violence; or (b) The…”
— Colo. Rev. Stat. § 18-3-402(1)(a) — 56 cases
People v. Marko, 2015 COA 139 (Colo. Ct. App. 2015).
“[t]he actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victimâs will.”
People v. Naranjo, 612 P.2d 1099 (Colo. 1980).
“The defendant was convicted of first-degree sexual assault under section 18-3-402, C.R.S.1973 (1976 Supp.; current version in 1978 Repl.”
v. Vanderpauye, 2021 COA 121 (Colo. Ct. App. 2021).
“¶7 The prosecution charged Vanderpauye with three counts: sexual assault (causing submission of the victim) under section 18-3-402(1)(a), C.R.S. 2020; sexual assault (incapable of appraising) under section 18-3-402(1)(b); and sexual assault (victim physically helpless)…”
Garcia v. People, 2019 CO 64 (Colo. 2019).
“The division observed that the substantive elements of sexual assault are enumerated in section 18-3-402(1)(a), whereas the force sentence enhancer is enumerated in section 18-3-402(4).”
— Colo. Rev. Stat. § 18-3-402(1)(a)(4) — 1 case
— Colo. Rev. Stat. § 18-3-402(1)(b) — 27 cases
Platt v. People, 201 P.3d 545 (Colo. 2009).
“" [3] In 2000, the General Assembly amended the statute to merge the varying degrees of sexual assault into section 18-3-402, C.R.S. (2000). [4] The sexual assault statute in place when we considered Dunton , § 18-3-402, C.”
v. Vanderpauye, 2021 COA 121 (Colo. Ct. App. 2021).
“¶7 The prosecution charged Vanderpauye with three counts: sexual assault (causing submission of the victim) under section 18-3-402(1)(a), C.R.S. 2020; sexual assault (incapable of appraising) under section 18-3-402(1)(b); and sexual assault (victim physically helpless)…”
— Colo. Rev. Stat. § 18-3-402(1)(d) — 3 cases
v. Vanderpauye, 2021 COA 121 (Colo. Ct. App. 2021).
“¶7 The prosecution charged Vanderpauye with three counts: sexual assault (causing submission of the victim) under section 18-3-402(1)(a), C.R.S. 2020; sexual assault (incapable of appraising) under section 18-3-402(1)(b); and sexual assault (victim physically helpless)…”
People v. Mena, 2025 COA 14 (Colo. Ct. App. 2025).
“2024 — which prohibits coercing or inducing a child to engage in sexual contact or expose intimate parts “by any of the means set forth in section 18-3-402[, C.R.S. 2024]” — and must decide whether those “means” include each of the eight different ways of accomplishing sexual…”
— Colo. Rev. Stat. § 18-3-402(1)(e) — 12 cases
People v. Mena, 2025 COA 14 (Colo. Ct. App. 2025).
“2024 — which prohibits coercing or inducing a child to engage in sexual contact or expose intimate parts “by any of the means set forth in section 18-3-402[, C.R.S. 2024]” — and must decide whether those “means” include each of the eight different ways of accomplishing sexual…”
— Colo. Rev. Stat. § 18-3-402(1)(f) — 1 case
People v. Mena, 2025 COA 14 (Colo. Ct. App. 2025).
“2024 — which prohibits coercing or inducing a child to engage in sexual contact or expose intimate parts “by any of the means set forth in section 18-3-402[, C.R.S. 2024]” — and must decide whether those “means” include each of the eight different ways of accomplishing sexual…”
— Colo. Rev. Stat. § 18-3-402(1)(g) — 2 cases
McCoy v. People, 2019 CO 44 (Colo. 2019).
“¶51 In so concluding, we are unpersuaded by the People's contention that the General Assembly's decision to amend section 18-3-402(1)(g), C.R.S. (2018), to limit it to those "purporting to offer a medical service" means that the legislature necessarily intended for section…”
— Colo. Rev. Stat. § 18-3-402(1)(h) — 7 cases
v. Vanderpauye, 2021 COA 121 (Colo. Ct. App. 2021).
“¶7 The prosecution charged Vanderpauye with three counts: sexual assault (causing submission of the victim) under section 18-3-402(1)(a), C.R.S. 2020; sexual assault (incapable of appraising) under section 18-3-402(1)(b); and sexual assault (victim physically helpless)…”
Platt v. People, 201 P.3d 545 (Colo. 2009).
“" [3] In 2000, the General Assembly amended the statute to merge the varying degrees of sexual assault into section 18-3-402, C.R.S. (2000). [4] The sexual assault statute in place when we considered Dunton , § 18-3-402, C.”
— Colo. Rev. Stat. § 18-3-402(2) — 22 cases
People v. Rodriguez, 914 P.2d 230 (Colo. 1996).
“See § 18-3-402(2), 8 C.R.S. (1978). Section 18-3-402(2) provides for enhancement of the felony class if: (a) In the commission of the sexual assault the actor is physically aided or abetted by one or more other persons; or *273 (b) The victim suffers serious bodily injury; or…”
People v. Vigil, 718 P.2d 496 (Colo. 1986).
“Section 18-3-402 provides in part: (1)Any actor who knowingly inflicts sexual penetration on a victim commits a sexual assault in the first degree if: (a) The actor causes submission of the victim through the actual application of physical force or physical violence; or (b) The…”
Garcia v. People, 2019 CO 64 (Colo. 2019).
“The division observed that the substantive elements of sexual assault are enumerated in section 18-3-402(1)(a), whereas the force sentence enhancer is enumerated in section 18-3-402(4).”
People v. King, 151 P.3d 594 (Colo. Ct. App. 2006).
“2005, states that sexual assault is a class three felony if “[t]he actor causes submission of the victim through the actual application of physical force or physical violence.”
— Colo. Rev. Stat. § 18-3-402(2)(a) — 7 cases
— Colo. Rev. Stat. § 18-3-402(2)(c) — 8 cases
People v. Vigil, 718 P.2d 496 (Colo. 1986).
“Section 18-3-402 provides in part: (1)Any actor who knowingly inflicts sexual penetration on a victim commits a sexual assault in the first degree if: (a) The actor causes submission of the victim through the actual application of physical force or physical violence; or (b) The…”
People v. Haymaker, 716 P.2d 110 (Colo. 1986).
“[5] Section 18-3-402(2), 8 C.R.S. (1978) provides that "[s]exual assault in the first degree is a class 3 felony, but it is a class 2 felony if: .”
People v. Rodriguez, 914 P.2d 230 (Colo. 1996).
“See § 18-3-402(2), 8 C.R.S. (1978). Section 18-3-402(2) provides for enhancement of the felony class if: (a) In the commission of the sexual assault the actor is physically aided or abetted by one or more other persons; or *273 (b) The victim suffers serious bodily injury; or…”
— Colo. Rev. Stat. § 18-3-402(2)(e) — 1 case
People v. Rodriguez, 914 P.2d 230 (Colo. 1996).
“See § 18-3-402(2), 8 C.R.S. (1978). Section 18-3-402(2) provides for enhancement of the felony class if: (a) In the commission of the sexual assault the actor is physically aided or abetted by one or more other persons; or *273 (b) The victim suffers serious bodily injury; or…”
— Colo. Rev. Stat. § 18-3-402(3) — 12 cases
People v. Haymaker, 716 P.2d 110 (Colo. 1986).
“[5] Section 18-3-402(2), 8 C.R.S. (1978) provides that "[s]exual assault in the first degree is a class 3 felony, but it is a class 2 felony if: .”
— Colo. Rev. Stat. § 18-3-402(3)(a) — 4 cases
— Colo. Rev. Stat. § 18-3-402(3)(b) — 2 cases
— Colo. Rev. Stat. § 18-3-402(3)(c) — 3 cases
People v. Haymaker, 716 P.2d 110 (Colo. 1986).
“[5] Section 18-3-402(2), 8 C.R.S. (1978) provides that "[s]exual assault in the first degree is a class 3 felony, but it is a class 2 felony if: .”
— Colo. Rev. Stat. § 18-3-402(4) — 12 cases
Garcia v. People, 2019 CO 64 (Colo. 2019).
“The division observed that the substantive elements of sexual assault are enumerated in section 18-3-402(1)(a), whereas the force sentence enhancer is enumerated in section 18-3-402(4).”
People v. King, 151 P.3d 594 (Colo. Ct. App. 2006).
“2005, states that sexual assault is a class three felony if “[t]he actor causes submission of the victim through the actual application of physical force or physical violence.”
People v. Haymaker, 716 P.2d 110 (Colo. 1986).
“[5] Section 18-3-402(2), 8 C.R.S. (1978) provides that "[s]exual assault in the first degree is a class 3 felony, but it is a class 2 felony if: .”
— Colo. Rev. Stat. § 18-3-402(4)(a) — 18 cases
People v. King, 151 P.3d 594 (Colo. Ct. App. 2006).
“2005, states that sexual assault is a class three felony if “[t]he actor causes submission of the victim through the actual application of physical force or physical violence.”
v. Mkt., 2020 COA 90 (Colo. Ct. App. 2020).
Garcia v. People, 2019 CO 64 (Colo. 2019).
“The division observed that the substantive elements of sexual assault are enumerated in section 18-3-402(1)(a), whereas the force sentence enhancer is enumerated in section 18-3-402(4).”
— Colo. Rev. Stat. § 18-3-402(4)(b) — 1 case
— Colo. Rev. Stat. § 18-3-402(4)(c) — 1 case
People v. Baker, 178 P.3d 1225 (Colo. Ct. App. 2007).
“We vacate the jury’s finding of the class three felony aggravator under section 18-3-402(4)(c), C.R.S.2007, as to one sexual assault count, and we affirm the judgment and sentence in all other respects.”
— Colo. Rev. Stat. § 18-3-402(4)(d) — 1 case
— Colo. Rev. Stat. § 18-3-402(5)(a) — 4 cases
People v. Baker, 178 P.3d 1225 (Colo. Ct. App. 2007).
“We vacate the jury’s finding of the class three felony aggravator under section 18-3-402(4)(c), C.R.S.2007, as to one sexual assault count, and we affirm the judgment and sentence in all other respects.”
— Colo. Rev. Stat. § 18-3-402(5)(a)(I) — 4 cases
— Colo. Rev. Stat. § 18-3-402(5)(a)(III) — 2 cases
— Colo. Rev. Stat. § 18-3-402(5b)(a)(D) — 1 case
— Colo. Rev. Stat. § 18-3-402(6) — 2 cases
People v. King, 151 P.3d 594 (Colo. Ct. App. 2006).
“2005, states that sexual assault is a class three felony if “[t]he actor causes submission of the victim through the actual application of physical force or physical violence.”
— Colo. Rev. Stat. § 18-3-402(8) — 3 cases
— Colo. Rev. Stat. § 18-3-402(8)(c) — 1 case
— Colo. Rev. Stat. § 18-3-402(I)(a) — 1 case
— Colo. Rev. Stat. § 18-3-402(a)(1)(d) — 1 case
— Colo. Rev. Stat. § 18-3-402(a)(l)(d) — 1 case
— Colo. Rev. Stat. § 18-3-402(a)(l)(e) — 1 case
— Colo. Rev. Stat. § 18-3-402(b)(a)(II1) — 1 case
— Colo. Rev. Stat. § 18-3-402(c) — 1 case
— Colo. Rev. Stat. § 18-3-402(d) — 1 case
— Colo. Rev. Stat. § 18-3-402(d4)(a) — 1 case
— Colo. Rev. Stat. § 18-3-402(l)(a) — 38 cases
— Colo. Rev. Stat. § 18-3-402(l)(b) — 10 cases
— Colo. Rev. Stat. § 18-3-402(l)(e) — 1 case
— Colo. Rev. Stat. § 18-3-402(l)(h) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.