(1) Any actor who knowingly subjects a victim to
any sexual contact commits unlawful sexual contact if:
(a) The actor knows that 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 victim is physically helpless and the actor knows that the victim is physically
helpless and the victim has not consented; or
(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; or
(e) Repealed.
(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,
unless incident to a lawful search, to coerce the victim to submit; or
(g) The actor engages in treatment or examination of a victim for other than bona fide
medical purposes or in a manner substantially inconsistent with reasonable medical practices.
(1.5) Any person who knowingly, with or without sexual contact, induces or coerces a
child by any of the means set forth in section 18-3-402 to expose intimate parts or to engage in
any sexual contact, intrusion, or penetration with another person, for the purpose of the actor's
own sexual gratification, commits unlawful sexual contact. For the purposes of this subsection
(1.5), the term "child" means any person under the age of eighteen years.
(1.7) Repealed.
(2) (a) Unlawful sexual contact is a class 1 misdemeanor.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (2), unlawful
sexual contact is a class 4 felony if the actor compels the victim to submit by use of such force,
intimidation, or threat as specified in section 18-3-402 (4)(a), (4)(b), or (4)(c) or if the actor
engages in the conduct described in paragraph (g) of subsection (1) of this section or subsection
(1.5) of this section.
(3) If a defendant is convicted of the class 4 felony of unlawful sexual contact 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; except that this subsection (3) shall not
apply if the actor engages in the conduct described in paragraph (g) of subsection (1) of this
section.
(4) A person who is convicted on or after July 1, 2013, of unlawful sexual contact 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. 629, § 1, effective July 1. L. 77: IP(1) amended, p.
962, § 17, effective July 1. L. 86: (3) added, p. 777, § 6, effective July 1. L. 89: (1.5) added and
(2) and (3) amended, p. 830, § 41, effective July 1. L. 90: (1)(e) repealed, p. 1033, § 25,
effective July 1. L. 91: (3) amended, p. 1912, § 21, effective June 1. L. 92: (1.5) amended and
(1.7) added, p. 404, § 15, effective June 3. L. 94: (1.5) and (1.7) amended, p. 1717, § 9, effective
July 1. L. 95: (3) amended, p. 1252, § 10, effective July 1. L. 96: (1.7) amended, p. 1581, § 4,
effective July 1. L. 2000: IP(1), (1.5), (1.7), (2), and (3) amended, p. 700, § 20, effective July 1.
L. 2002: (3) amended, p. 1513, § 190, effective October 1. L. 2004: (2) and (3) amended, p. 635,
§ 6, effective August 4. L. 2010: (1.7)(b) added by revision, (SB 10-128), ch. 415, pp. 2045,
2049, §§ 1, 12. L. 2013: (4) added, (SB 13-227), ch. 353, p. 2060, § 7, effective July 1. L. 2021:
(2)(a) amended, (SB 21-271), ch. 462, p. 3174, § 198, effective March 1, 2022.
Editor's note: (1) This section is similar to former §§ 18-3-403, 18-3-404, and 18-3-410
as they existed prior to 1975.
(2) Subsection (1.7)(b) provided for the repeal of subsection (1.7), effective July 1, 2012.
(See L. 2010, pp. 2045, 2049.)
Cross references: For the legislative declaration contained in the 2002 act amending
subsection (3), see section 1 of chapter 318, Session Laws of Colorado 2002.
Notes of Decisions
Cited in
80
cases (
16 in the last 5 years), 1976–2026 · leading case:
McCoy v. People, 2019 CO 44 (Colo. 2019).
McCoy v. People, 2019 CO 44 (Colo. 2019).
· cites it 63× “¶43 As McCoy asserts, however, the statutory language could also reasonably be read to apply just to medical professionals, albeit ones performing inappropriate examinations.”
v. People, 2020 CO 40 (Colo. 2020).
· cites it 6× “5 ¶18 In addition, section 16-22-113(1)(b) provides that a person (such as McCulley) convicted of the class 1 misdemeanor of “sexual assault in the third degree as described in section 18-3-404, C.R.S., as it existed prior to July 1, 2000,” may petition the court for an order…”
People v. Madden, 111 P.3d 452 (Colo. 2005).
· cites it 19× “5) sets forth the crime of third degree sexual assault as follows: Any person who knowingly, with or without sexual contact, induces or coerces a child by any of the means set forth in section 18-3-402 or 18-3-403 to expose intimate parts or to engage in any sexual contact,…”
People v. Mena, 2025 COA 14 (Colo. Ct. App. 2025).
· cites it 34× “” § 18-3-404, C.R.S. 1989. ¶ 38 Significantly, at that time the language of section 18-3-404(1.”
People v. Oliver, 745 P.2d 222 (Colo. 1987).
· cites it 15× “); sexual assault in the third degree, section 18-3-404(l)(e), 8 C.R.S. (1978); and sexual assault upon a child, section 18-3-405(1), (2)(b), 8 C.”
People v. Loveall, 231 P.3d 408 (Colo. 2010).
· cites it 4× “(2001), and one count of unlawful sexual contact, § 18-3-404(1)(a), C.R.S. (2001). Both convictions stem from the same sequence of events.”
People v. Vigil, 127 P.3d 916 (Colo. 2006).
· cites it 6× “" See § 18-3-404, C.R.S. (2005). The offense of third-degree sexual assault prohibited "sexual contact" in certain circumstances.”
Hurtado v. Brady, 165 P.3d 871 (Colo. Ct. App. 2007).
· cites it 5× “She also appeals the dismissal of her third claim for relief asserting unlawful sexual contact in violation of § 18-3-404(1)(g). She does not appeal the dismissal of her fourth claim for relief.”
Page v. People, 2017 CO 88 (Colo. 2017).
· cites it 5× “Unlawful sexual contact is a class 1 misdemeanor, § 18-3-404(2)(a), but becomes a class 6 felony when committed against an at-risk person, § 18-6.”
Efagene v. Holder, 642 F.3d 918 (10th Cir. 2011).
· cites it 7× “In 2005, Efagene pleaded guilty to a Colorado state misdemeanor offense of sexual conduct-no consent, in violation of Colo.Rev.Stat. § 18-3-404. He was sentenced to 364 days' imprisonment, which was satisfied with time served, and ordered to register as a sex offender for the…”
People v. Fell, 832 P.2d 1015 (Colo. Ct. App. 1991).
· cites it 6× “Section 18-3-404, C.R.S. (1986 Repl.Vol. 8B).”
— Colo. Rev. Stat. § 18-3-404(1) — 7 cases
People v. Madden, 111 P.3d 452 (Colo. 2005).
“5) sets forth the crime of third degree sexual assault as follows: Any person who knowingly, with or without sexual contact, induces or coerces a child by any of the means set forth in section 18-3-402 or 18-3-403 to expose intimate parts or to engage in any sexual contact,…”
— Colo. Rev. Stat. § 18-3-404(1)(a) — 24 cases
People v. Loveall, 231 P.3d 408 (Colo. 2010).
“(2001), and one count of unlawful sexual contact, § 18-3-404(1)(a), C.R.S. (2001). Both convictions stem from the same sequence of events.”
McCoy v. People, 2019 CO 44 (Colo. 2019).
“¶43 As McCoy asserts, however, the statutory language could also reasonably be read to apply just to medical professionals, albeit ones performing inappropriate examinations.”
Efagene v. Holder, 642 F.3d 918 (10th Cir. 2011).
“In 2005, Efagene pleaded guilty to a Colorado state misdemeanor offense of sexual conduct-no consent, in violation of Colo.Rev.Stat. § 18-3-404. He was sentenced to 364 days' imprisonment, which was satisfied with time served, and ordered to register as a sex offender for the…”
— Colo. Rev. Stat. § 18-3-404(1)(c) — 2 cases
v. People, 2020 CO 40 (Colo. 2020).
“5 ¶18 In addition, section 16-22-113(1)(b) provides that a person (such as McCulley) convicted of the class 1 misdemeanor of “sexual assault in the third degree as described in section 18-3-404, C.R.S., as it existed prior to July 1, 2000,” may petition the court for an order…”
— Colo. Rev. Stat. § 18-3-404(1)(e) — 1 case
— Colo. Rev. Stat. § 18-3-404(1)(g) — 4 cases
McCoy v. People, 2019 CO 44 (Colo. 2019).
“¶43 As McCoy asserts, however, the statutory language could also reasonably be read to apply just to medical professionals, albeit ones performing inappropriate examinations.”
Hurtado v. Brady, 165 P.3d 871 (Colo. Ct. App. 2007).
“She also appeals the dismissal of her third claim for relief asserting unlawful sexual contact in violation of § 18-3-404(1)(g). She does not appeal the dismissal of her fourth claim for relief.”
— Colo. Rev. Stat. § 18-3-404(2) — 3 cases
— Colo. Rev. Stat. § 18-3-404(2)(a) — 4 cases
Hurtado v. Brady, 165 P.3d 871 (Colo. Ct. App. 2007).
“She also appeals the dismissal of her third claim for relief asserting unlawful sexual contact in violation of § 18-3-404(1)(g). She does not appeal the dismissal of her fourth claim for relief.”
Page v. People, 2017 CO 88 (Colo. 2017).
“Unlawful sexual contact is a class 1 misdemeanor, § 18-3-404(2)(a), but becomes a class 6 felony when committed against an at-risk person, § 18-6.”
— Colo. Rev. Stat. § 18-3-404(2)(b) — 7 cases
People v. Mena, 2025 COA 14 (Colo. Ct. App. 2025).
“” § 18-3-404, C.R.S. 1989. ¶ 38 Significantly, at that time the language of section 18-3-404(1.”
— Colo. Rev. Stat. § 18-3-404(3) — 2 cases
People v. Mena, 2025 COA 14 (Colo. Ct. App. 2025).
“” § 18-3-404, C.R.S. 1989. ¶ 38 Significantly, at that time the language of section 18-3-404(1.”
— Colo. Rev. Stat. § 18-3-404(8) — 1 case
— Colo. Rev. Stat. § 18-3-404(a) — 1 case
— Colo. Rev. Stat. § 18-3-404(l)(a) — 6 cases
Page v. People, 2017 CO 88 (Colo. 2017).
“Unlawful sexual contact is a class 1 misdemeanor, § 18-3-404(2)(a), but becomes a class 6 felony when committed against an at-risk person, § 18-6.”
Efagene v. Holder, 642 F.3d 918 (10th Cir. 2011).
“In 2005, Efagene pleaded guilty to a Colorado state misdemeanor offense of sexual conduct-no consent, in violation of Colo.Rev.Stat. § 18-3-404. He was sentenced to 364 days' imprisonment, which was satisfied with time served, and ordered to register as a sex offender for the…”
— Colo. Rev. Stat. § 18-3-404(l)(e) — 2 cases
People v. Oliver, 745 P.2d 222 (Colo. 1987).
“); sexual assault in the third degree, section 18-3-404(l)(e), 8 C.R.S. (1978); and sexual assault upon a child, section 18-3-405(1), (2)(b), 8 C.”
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.