Colo. Rev. Stat. » Title 18
Colorado Revised Statutes

Colo. Rev. Stat. § 18-3-403 (2026)

Sexual assault in the second degree

✓ current as of July 2026
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(Repealed) Source: L. 75: Entire part R&RE, p. 628, § 1, effective July 1. L. 77: IP(1) amended, p. 962, § 16, effective July 1. L. 83: (1)(b) and (2) amended, p. 698, § 2, effective July 1. L. 88:

(1)(e) amended, p. 725, § 1, effective July 1. L. 90: (1)(f) repealed, p. 1033, § 25, effective July 1. L. 99: (1)(e.5) added and (2) amended, p. 347, §§ 1, 2, effective July 1. L. 2000: Entire section repealed, p. 700, § 19, effective July 1.

Notes of Decisions
Cited in 61 cases (2 in the last 5 years), 1976–2025 · leading case: People v. Smith, 638 P.2d 1 (Colo. 1981).
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People v. Smith, 638 P.2d 1 (Colo. 1981). · cites it 25× “Four cases pending before us were consolidated for disposition because they raise common issues concerning the constitutional validity of subsections (l)(a) and (b) of the second-degree sexual assault statute, section 18-3-403, C.R.S.1973 (1978 Repl.Vol.”
v. People, 2020 CO 40 (Colo. 2020). · cites it 3× “Facts and Procedural History ¶3 In 2000, as part of a plea agreement, Brian Keith McCulley pled guilty to one count of second degree sexual assault under section 18-3-403(1)(a), C.R.S. (2000) (a class 4 felony), pursuant to a four-year deferred judgment and sentence.”
People v. Terry, 720 P.2d 125 (Colo. 1986). · cites it 30× “He appeals his conviction asserting that the statute under which he was convicted, section 18-3-403(1)(h), 8 C.R.S. (1978), is unconstitutional.”
Platt v. People, 201 P.3d 545 (Colo. 2009). · cites it 15× “(1995), did not yet contain subsection 402(1)(b), which merged into section 402 from section 18-3-403, C.R.S. (1975). Nonetheless, the analysis we used in Dunton is fully applicable to today's subsection 402(1)(b), which proscribes conduct that inherently negates any consent by…”
People v. Gross, 670 P.2d 799 (Colo. 1983). · cites it 20× “Subsections (c) and (f) of section 18-3-403(1) are not unconstitutionally vague and the evidence was sufficient to support the defendant’s conviction.”
People v. McKibben, 862 P.2d 991 (Colo. Ct. App. 1993). · cites it 12× “The prosecution asserted that the defendant, in violation of § 18-3-403(1)(a), C.R.S. (1986 Repl.Vol. 8B), had caused the victim to submit by a means of sufficient consequence, reasonably calculated to cause submission against the victim's will.”
Hernandez v. People, 176 P.3d 746 (Colo. 2008). · cites it 7× “" [2] § 18-3-403, C.R.S. (1984) (repealed 2000); § 18-2-101, C.”
People v. Thatcher, 638 P.2d 760 (Colo. 1981). · cites it 6× “” Section 18-3-403, C.R.S.1973 (1978 Repl. Vol.”
Christensen v. People, 869 P.2d 1256 (Colo. 1994). · cites it 3× “§ 18-3-403, C.R.S. 1973 (now § 18-3-403,.”
People v. Martinez, 634 P.2d 26 (Colo. 1981). · cites it 9× “He was ultimately convicted of second-degree sexual assault, section 18-3-403, C.R.S.1973 (1978 Repl. Vol.”
People v. Mena, 2025 COA 14 (Colo. Ct. App. 2025). · cites it 8× “of sufficient consequence reasonably calculated to cause submission against the victim’s will” — were found in section 18-3-403. § 18-3-403(1)(a), (g), (h), C.”
People v. Summers, 208 P.3d 251 (Colo. 2009). · cites it 4× “In 2000, the crime of sexual assault in the second degree contained in section 18-3-403 was repealed. But because individuals must be charged under the statutory provision defining the crime as it existed the year the crime was allegedly committed, the new *264 16-5-401(8)(a.”
Show all 61 citing cases →
— Colo. Rev. Stat. § 18-3-403(1) — 6 cases
People v. Smith, 638 P.2d 1 (Colo. 1981). “Four cases pending before us were consolidated for disposition because they raise common issues concerning the constitutional validity of subsections (l)(a) and (b) of the second-degree sexual assault statute, section 18-3-403, C.R.S.1973 (1978 Repl.Vol.”
People v. Gross, 670 P.2d 799 (Colo. 1983). “Subsections (c) and (f) of section 18-3-403(1) are not unconstitutionally vague and the evidence was sufficient to support the defendant’s conviction.”
People v. Shields, 822 P.2d 15 (Colo. 1991).
People v. Mena, 2025 COA 14 (Colo. Ct. App. 2025). “of sufficient consequence reasonably calculated to cause submission against the victim’s will” — were found in section 18-3-403. § 18-3-403(1)(a), (g), (h), C.”
People v. Opson, 632 P.2d 602 (Colo. Ct. App. 1980).
— Colo. Rev. Stat. § 18-3-403(1)(a) — 8 cases
v. People, 2020 CO 40 (Colo. 2020). “Facts and Procedural History ¶3 In 2000, as part of a plea agreement, Brian Keith McCulley pled guilty to one count of second degree sexual assault under section 18-3-403(1)(a), C.R.S. (2000) (a class 4 felony), pursuant to a four-year deferred judgment and sentence.”
People v. Naranjo, 612 P.2d 1099 (Colo. 1980).
People v. McKibben, 862 P.2d 991 (Colo. Ct. App. 1993). “The prosecution asserted that the defendant, in violation of § 18-3-403(1)(a), C.R.S. (1986 Repl.Vol. 8B), had caused the victim to submit by a means of sufficient consequence, reasonably calculated to cause submission against the victim's will.”
Apodaca v. People, 712 P.2d 467 (Colo. 1986).
People v. Smith, 638 P.2d 1 (Colo. 1981). “Four cases pending before us were consolidated for disposition because they raise common issues concerning the constitutional validity of subsections (l)(a) and (b) of the second-degree sexual assault statute, section 18-3-403, C.R.S.1973 (1978 Repl.Vol.”
— Colo. Rev. Stat. § 18-3-403(1)(b) — 1 case
People v. Cooper, 27 P.3d 348 (Colo. 2001).
— Colo. Rev. Stat. § 18-3-403(1)(c) — 2 cases
Platt v. People, 201 P.3d 545 (Colo. 2009). “(1995), did not yet contain subsection 402(1)(b), which merged into section 402 from section 18-3-403, C.R.S. (1975). Nonetheless, the analysis we used in Dunton is fully applicable to today's subsection 402(1)(b), which proscribes conduct that inherently negates any consent by…”
J.S. v. Chambers, 226 P.3d 1193 (Colo. Ct. App. 2009).
— Colo. Rev. Stat. § 18-3-403(1)(e) — 4 cases
Wilson v. People, 743 P.2d 415 (Colo. 1987).
Morrison v. People, 19 P.3d 668 (Colo. 2000).
People v. Gholston, 26 P.3d 1 (Colo. Ct. App. 2000).
People v. Black, 759 P.2d 746 (Colo. Ct. App. 1988).
— Colo. Rev. Stat. § 18-3-403(1)(f) — 2 cases
People v. Midgley, 714 P.2d 902 (Colo. 1986).
People v. Mena, 2025 COA 14 (Colo. Ct. App. 2025). “of sufficient consequence reasonably calculated to cause submission against the victim’s will” — were found in section 18-3-403. § 18-3-403(1)(a), (g), (h), C.”
— Colo. Rev. Stat. § 18-3-403(1)(h) — 2 cases
People v. Terry, 720 P.2d 125 (Colo. 1986). “He appeals his conviction asserting that the statute under which he was convicted, section 18-3-403(1)(h), 8 C.R.S. (1978), is unconstitutional.”
People v. McCoy, 444 P.3d 766 (Colo. Ct. App. 2015).
— Colo. Rev. Stat. § 18-3-403(l)(a) — 6 cases
People v. McKibben, 862 P.2d 991 (Colo. Ct. App. 1993). “The prosecution asserted that the defendant, in violation of § 18-3-403(1)(a), C.R.S. (1986 Repl.Vol. 8B), had caused the victim to submit by a means of sufficient consequence, reasonably calculated to cause submission against the victim's will.”
People v. Smith, 638 P.2d 1 (Colo. 1981). “Four cases pending before us were consolidated for disposition because they raise common issues concerning the constitutional validity of subsections (l)(a) and (b) of the second-degree sexual assault statute, section 18-3-403, C.R.S.1973 (1978 Repl.Vol.”
People v. Martinez, 634 P.2d 26 (Colo. 1981). “He was ultimately convicted of second-degree sexual assault, section 18-3-403, C.R.S.1973 (1978 Repl. Vol.”
People v. Shields, 822 P.2d 15 (Colo. 1991).
People v. Urrutia, 893 P.2d 1338 (Colo. Ct. App. 1994).
— Colo. Rev. Stat. § 18-3-403(l)(b) — 1 case
People v. Smith, 638 P.2d 1 (Colo. 1981). “Four cases pending before us were consolidated for disposition because they raise common issues concerning the constitutional validity of subsections (l)(a) and (b) of the second-degree sexual assault statute, section 18-3-403, C.R.S.1973 (1978 Repl.Vol.”
— Colo. Rev. Stat. § 18-3-403(l)(c) — 1 case
People v. Gross, 670 P.2d 799 (Colo. 1983). “Subsections (c) and (f) of section 18-3-403(1) are not unconstitutionally vague and the evidence was sufficient to support the defendant’s conviction.”
— Colo. Rev. Stat. § 18-3-403(l)(e) — 7 cases
People v. Thorpe, 641 P.2d 935 (Colo. 1982).
Wilson v. People, 743 P.2d 415 (Colo. 1987).
S.G.W. v. People, 752 P.2d 86 (Colo. 1988).
People v. Jiminez, 651 P.2d 395 (Colo. 1982).
People v. Holland, 708 P.2d 119 (Colo. 1985).
— Colo. Rev. Stat. § 18-3-403(l)(f) — 2 cases
People v. Gross, 670 P.2d 799 (Colo. 1983). “Subsections (c) and (f) of section 18-3-403(1) are not unconstitutionally vague and the evidence was sufficient to support the defendant’s conviction.”
People v. Oliver, 745 P.2d 222 (Colo. 1987).
— Colo. Rev. Stat. § 18-3-403(l)(h) — 1 case
People v. Terry, 720 P.2d 125 (Colo. 1986). “He appeals his conviction asserting that the statute under which he was convicted, section 18-3-403(1)(h), 8 C.R.S. (1978), is unconstitutional.”
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