(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.
(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.
Source: L. 90: Entire section added, p. 1028, § 16, effective July 1. L. 98: Entire section
amended, p. 1444, § 33, effective July 1. L. 2002: (2)(b) amended, p. 1582, § 9, effective July 1;
(4) amended, p. 1513, § 192, effective October 1. L. 2006: (2)(b) amended, p. 413, § 3, effective
July 1. L. 2013: (5) added, (SB 13-227), ch. 353, p. 2061, § 8, effective July 1. L. 2017: (2)(b)
amended, (HB 17-1109), ch. 97, p. 293, § 3, effective April 4.
Cross references: For the legislative declaration contained in the 2002 act amending
subsection (4), see section 1 of chapter 318, Session Laws of Colorado 2002.
Notes of Decisions
Cited in
89
cases (
19 in the last 5 years), 1991–2026 · leading case:
People v. Simon
People v. Simon (2009)
coloctapp · cites it 29×
“Defendant, David Kenneth Simon, was convicted of ten counts of sexual assault on a child by one in a position of trust as part of a pattern of abuse under a former version of section 18-3-405.3, C.R.S. 2008. The trial court imposed enhanced sentences of ten years per count,…”
People v. Simon (2011)
colo · cites it 19×
“(1998) (prohibiting sexual assault on a child under age fifteen), with § 18-3-405.3, C.R.S. (1998) (prohibiting sexual assault on a child under age eighteen where the actor is in a position of trust relative to the victim).”
Woellhaf v. People (2005)
colo · cites it 18×
“] and WARREN MCGREGOR WOELLHAF committed the offense as part of a pattern of sexual abuse; in violation of Section 18-3-405.3, C.R.S.; SEXUAL ASSAULT ON A CHILD BY ONE IN A POSITION OF TRUST-PATTERN 4 .”
People v. Corson (2016)
colo · cites it 6×
“See § 18-3-405.3(1), C.R.S. (2001). In Count II, the prosecution alleged the same crime as part of a pattern of sexual abuse, a class-three felony.”
People v. Tillery (2009)
coloctapp · cites it 12×
“2005; five counts of sexual assault on a child-position of trust (POT), section 18-3-405.3(1), (2)(a), C.R.S.2009; one count of SAOC with a second victim, section 18-3-405(1); and two counts of contributing to the delinquency of a minor, section 18-6-701, C.”
People v. Huber (2006)
colo · cites it 6×
“Facts and Procedural History In April 2001 Respondent, Michael Huber, was charged with sexual assault on a child by one in a position of trust, section 18-3-405.3, C.R.S. (2005); [1] attempted sexual assault on a child by one in a position of trust, section 18-2-101; and…”
People v. Melillo (2001)
colo · cites it 3×
“In June 1995, Defendant was charged with two counts of sexual assault on a child by one in a position of trust, § 18-3-405.3, 6 C.R.S. (2000), and one count of sexual assault on a child, § 18-3-405(1), 6 C.”
People v. Honeysette (2002)
coloctapp · cites it 3×
“" See § 18-3-405.3, C.R.8.2001. Thus, the division determined that the error in the instructions, which was compounded in closing argument when the prosecutor suggested that the sequence of the incidents of abuse was irrelevant to a determination of the pattern of abuse charge,…”
Martin v. People (2001)
colo · cites it 2×
“STATEMENT OF THE CASE The defendant, Vance Martin (Martin), pleaded guilty in January 1994 to sexual *849 assault on a child by a person in a position of trust, in violation of section 18-3-405.3(2), 6 C.R.S. (1997). The offense occurred between July 1 and July 31, 1998.”
z v. People (2020)
colo · cites it 8×
“In this case, the supreme court considers whether there was sufficient evidence for the jury to convict the defendant of sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3(1), C.R.S. (2019). Section 18-3-401(3.”
— Colo. Rev. Stat. § 18-3-405.3(1) — 38 cases
People v. Corson (2016)
colo
“See § 18-3-405.3(1), C.R.S. (2001). In Count II, the prosecution alleged the same crime as part of a pattern of sexual abuse, a class-three felony.”
People v. Tillery (2009)
coloctapp
“2005; five counts of sexual assault on a child-position of trust (POT), section 18-3-405.3(1), (2)(a), C.R.S.2009; one count of SAOC with a second victim, section 18-3-405(1); and two counts of contributing to the delinquency of a minor, section 18-6-701, C.”
People v. Simon (2011)
colo
“(1998) (prohibiting sexual assault on a child under age fifteen), with § 18-3-405.3, C.R.S. (1998) (prohibiting sexual assault on a child under age eighteen where the actor is in a position of trust relative to the victim).”
People v. Simon (2009)
coloctapp
“Defendant, David Kenneth Simon, was convicted of ten counts of sexual assault on a child by one in a position of trust as part of a pattern of abuse under a former version of section 18-3-405.3, C.R.S. 2008. The trial court imposed enhanced sentences of ten years per count,…”
— Colo. Rev. Stat. § 18-3-405.3(2) — 5 cases
Martin v. People (2001)
colo
“STATEMENT OF THE CASE The defendant, Vance Martin (Martin), pleaded guilty in January 1994 to sexual *849 assault on a child by a person in a position of trust, in violation of section 18-3-405.3(2), 6 C.R.S. (1997). The offense occurred between July 1 and July 31, 1998.”
People v. Simon (2009)
coloctapp
“Defendant, David Kenneth Simon, was convicted of ten counts of sexual assault on a child by one in a position of trust as part of a pattern of abuse under a former version of section 18-3-405.3, C.R.S. 2008. The trial court imposed enhanced sentences of ten years per count,…”
— Colo. Rev. Stat. § 18-3-405.3(2)(a) — 5 cases
— Colo. Rev. Stat. § 18-3-405.3(2)(b) — 8 cases
People v. Simon (2011)
colo
“(1998) (prohibiting sexual assault on a child under age fifteen), with § 18-3-405.3, C.R.S. (1998) (prohibiting sexual assault on a child under age eighteen where the actor is in a position of trust relative to the victim).”
People v. Simon (2009)
coloctapp
“Defendant, David Kenneth Simon, was convicted of ten counts of sexual assault on a child by one in a position of trust as part of a pattern of abuse under a former version of section 18-3-405.3, C.R.S. 2008. The trial court imposed enhanced sentences of ten years per count,…”
People v. Tillery (2009)
coloctapp
“2005; five counts of sexual assault on a child-position of trust (POT), section 18-3-405.3(1), (2)(a), C.R.S.2009; one count of SAOC with a second victim, section 18-3-405(1); and two counts of contributing to the delinquency of a minor, section 18-6-701, C.”
— Colo. Rev. Stat. § 18-3-405.3(3) — 2 cases
— Colo. Rev. Stat. § 18-3-405.3(4) — 4 cases
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.