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

Colo. Rev. Stat. § 18-8-405 (2026)

Second degree official misconduct

✓ current as of July 2026
Find cases: SyfertCases citing this section CO-LEGleg.colorado.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(1) A public servant commits second degree official misconduct if he knowingly, arbitrarily, and capriciously:

(a) Refrains from performing a duty imposed upon him by law; or

(b) Violates any statute or lawfully adopted rule or regulation relating to his office.

(2) Second degree official misconduct is a petty offense.

Source: L. 71: R&RE, p. 462, § 1. C.R.S. 1963: § 40-8-405. L. 83: (1)(a) amended, p. 710, § 2, effective June 10. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3200, § 298, effective March 1, 2022.

Notes of Decisions
Cited in 43 cases, 1979–2019 · leading case: People v. Tillery, 231 P.3d 36 (Colo. Ct. App. 2009).
Sort: Relevance Newest Treatment
People v. Tillery, 231 P.3d 36 (Colo. Ct. App. 2009). · cites it 27× “Although the supreme court concluded that neither section 18-8-405 nor 18-8-405.3 "authorizes multiple punishments for each discrete act of sexual contact that occurs within a single incident of sexual assault on a child," it also noted that the prosecution may pursue multiple…”
People v. Gholston, 26 P.3d 1 (Colo. Ct. App. 2000). · cites it 32× “Pattern of Sexual Abuse- § 18-8-405(@2)(d) The pattern of abuse statute under which defendant was charged, § 18-3-405(2)(d), became effective on July 1, 1995.”
People v. Simon, 266 P.3d 1099 (Colo. 2011). · cites it 14× “People Thomas Tillery was charged with, and convicted of, five counts of sexual assault on a child as part of a pattern of sexual abuse, in violation of sections 18-8-405(1), (2)(d), CRS. (2004) (Counts 1-5).”
People v. Melillo, 25 P.3d 769 (Colo. 2001). · cites it 10× “An examination of the language of count three demonstrates that it not only alleges each of the elements of the crime of sexual assault on a child, it also tracks the language of section 18-8-405(1). Count three reads as follows: On and between June 1, 1992 and September 1,…”
People v. Torrez, 316 P.3d 25 (Colo. Ct. App. 2013). · cites it 4× “Further, the defendant applied force against the victim in order to accomplish or facilitate sexual contact; in violation of section 18-8-405(1), 2a), C.R.S. Further, the defendant, in order to accomplish or facilitate the sexual contact, threatened imminent death, extreme pain,…”
People v. Greer, 262 P.3d 920 (Colo. Ct. App. 2011). · cites it 9× “, the People charged defendant with one count of sexual assault on a child (count 1) in violation of section 18-8-405(1), C.R.S.2010, and one count of sexual assault on a child-pattern (count 2) in violation of section 18-8-405(1) and (2)(d), C.”
People v. Beruman, 638 P.2d 789 (Colo. 1982). · cites it 18× “The defendant, Adolph Beruman, who was a supervisor of caseworkers in the Pueblo County Department of Social Services (department) and assigned to the Child Protective Services Unit, was convicted in Pueblo County district court of the offense of second degree official…”
People v. Villa, 240 P.3d 343 (Colo. Ct. App. 2009). · cites it 2× “See § 18-8-405, C.R.S.2009. As relevant here, sexual contact is defined as the knowing touching of the victim's intimate parts or the knowing touching of the clothing covering the victim's intimate parts if that sexual contact was for the purposes of sexual arousal,…”
People v. Honeysette, 53 P.3d 714 (Colo. Ct. App. 2002). · cites it 3× “Under § 18-8-405(2)(d), a "pattern of sexual abuse" is a sentence enhancement that, like the substantive predicate offense, must be proven beyond a reasonable doubt.”
People v. Simon, 219 P.3d 789 (Colo. Ct. App. 2009). · cites it 3× “In Woellhof, the supreme court concluded that the General Assembly had defined the unit of prosecution in section 18-8-405 (sexual assault on a child) and 18-8-405.”
People v. Perry, 252 P.3d 45 (Colo. Ct. App. 2010). · cites it 9× “Defendant pleaded guilty, in August 1991, to one count of sexual assault on a child in violation of section 18-8-405, C.R.S.2009, pursuant to a two-year deferred judgment and sentence agreement.”
People v. Brown, 70 P.3d 489 (Colo. Ct. App. 2002). · cites it 8× “Section 18-8-405(1), C.R.S.2001, defines sexual assault on a child.”
Show all 43 citing cases →
— Colo. Rev. Stat. § 18-8-405(1) — 19 cases
People v. Tillery, 231 P.3d 36 (Colo. Ct. App. 2009). “Although the supreme court concluded that neither section 18-8-405 nor 18-8-405.3 "authorizes multiple punishments for each discrete act of sexual contact that occurs within a single incident of sexual assault on a child," it also noted that the prosecution may pursue multiple…”
People v. Melillo, 25 P.3d 769 (Colo. 2001). “An examination of the language of count three demonstrates that it not only alleges each of the elements of the crime of sexual assault on a child, it also tracks the language of section 18-8-405(1). Count three reads as follows: On and between June 1, 1992 and September 1,…”
People v. Torrez, 316 P.3d 25 (Colo. Ct. App. 2013). “Further, the defendant applied force against the victim in order to accomplish or facilitate sexual contact; in violation of section 18-8-405(1), 2a), C.R.S. Further, the defendant, in order to accomplish or facilitate the sexual contact, threatened imminent death, extreme pain,…”
People v. Gholston, 26 P.3d 1 (Colo. Ct. App. 2000). “Pattern of Sexual Abuse- § 18-8-405(@2)(d) The pattern of abuse statute under which defendant was charged, § 18-3-405(2)(d), became effective on July 1, 1995.”
People v. Greer, 262 P.3d 920 (Colo. Ct. App. 2011). “, the People charged defendant with one count of sexual assault on a child (count 1) in violation of section 18-8-405(1), C.R.S.2010, and one count of sexual assault on a child-pattern (count 2) in violation of section 18-8-405(1) and (2)(d), C.”
— Colo. Rev. Stat. § 18-8-405(1)(2)(b) — 1 case
People v. Gholston, 26 P.3d 1 (Colo. Ct. App. 2000). “Pattern of Sexual Abuse- § 18-8-405(@2)(d) The pattern of abuse statute under which defendant was charged, § 18-3-405(2)(d), became effective on July 1, 1995.”
— Colo. Rev. Stat. § 18-8-405(1)(a) — 2 cases
MacUrdy v. Faure, 176 P.3d 880 (Colo. Ct. App. 2007).
People v. Lesslie, 24 P.3d 22 (Colo. Ct. App. 2000).
— Colo. Rev. Stat. § 18-8-405(1)(b) — 1 case
Chavez v. Lake Cnty. Sheriff's Off. (D. Colo. 2019).
— Colo. Rev. Stat. § 18-8-405(2) — 3 cases
People v. Brown, 70 P.3d 489 (Colo. Ct. App. 2002). “Section 18-8-405(1), C.R.S.2001, defines sexual assault on a child.”
People v. Woellhaf, 87 P.3d 142 (Colo. Ct. App. 2004).
Sanchez v. People, 325 P.3d 553 (Colo. 2014).
— Colo. Rev. Stat. § 18-8-405(2)(a) — 1 case
People v. Brown, 70 P.3d 489 (Colo. Ct. App. 2002). “Section 18-8-405(1), C.R.S.2001, defines sexual assault on a child.”
— Colo. Rev. Stat. § 18-8-405(2)(b) — 1 case
People v. Gholston, 26 P.3d 1 (Colo. Ct. App. 2000). “Pattern of Sexual Abuse- § 18-8-405(@2)(d) The pattern of abuse statute under which defendant was charged, § 18-3-405(2)(d), became effective on July 1, 1995.”
— Colo. Rev. Stat. § 18-8-405(2)(c) — 3 cases
People v. Simon, 266 P.3d 1099 (Colo. 2011). “People Thomas Tillery was charged with, and convicted of, five counts of sexual assault on a child as part of a pattern of sexual abuse, in violation of sections 18-8-405(1), (2)(d), CRS. (2004) (Counts 1-5).”
People v. Melillo, 25 P.3d 769 (Colo. 2001). “An examination of the language of count three demonstrates that it not only alleges each of the elements of the crime of sexual assault on a child, it also tracks the language of section 18-8-405(1). Count three reads as follows: On and between June 1, 1992 and September 1,…”
People v. Gholston, 26 P.3d 1 (Colo. Ct. App. 2000). “Pattern of Sexual Abuse- § 18-8-405(@2)(d) The pattern of abuse statute under which defendant was charged, § 18-3-405(2)(d), became effective on July 1, 1995.”
— Colo. Rev. Stat. § 18-8-405(2)(d) — 9 cases
People v. Simon, 266 P.3d 1099 (Colo. 2011). “People Thomas Tillery was charged with, and convicted of, five counts of sexual assault on a child as part of a pattern of sexual abuse, in violation of sections 18-8-405(1), (2)(d), CRS. (2004) (Counts 1-5).”
People v. Tillery, 231 P.3d 36 (Colo. Ct. App. 2009). “Although the supreme court concluded that neither section 18-8-405 nor 18-8-405.3 "authorizes multiple punishments for each discrete act of sexual contact that occurs within a single incident of sexual assault on a child," it also noted that the prosecution may pursue multiple…”
People v. Gholston, 26 P.3d 1 (Colo. Ct. App. 2000). “Pattern of Sexual Abuse- § 18-8-405(@2)(d) The pattern of abuse statute under which defendant was charged, § 18-3-405(2)(d), became effective on July 1, 1995.”
People v. Honeysette, 53 P.3d 714 (Colo. Ct. App. 2002). “Under § 18-8-405(2)(d), a "pattern of sexual abuse" is a sentence enhancement that, like the substantive predicate offense, must be proven beyond a reasonable doubt.”
People v. Greer, 262 P.3d 920 (Colo. Ct. App. 2011). “, the People charged defendant with one count of sexual assault on a child (count 1) in violation of section 18-8-405(1), C.R.S.2010, and one count of sexual assault on a child-pattern (count 2) in violation of section 18-8-405(1) and (2)(d), C.”
— Colo. Rev. Stat. § 18-8-405(l)(a) — 4 cases
People v. Beruman, 638 P.2d 789 (Colo. 1982). “The defendant, Adolph Beruman, who was a supervisor of caseworkers in the Pueblo County Department of Social Services (department) and assigned to the Child Protective Services Unit, was convicted in Pueblo County district court of the offense of second degree official…”
People v. Buckallew, 848 P.2d 904 (Colo. 1993).
People v. Sapp, 934 P.2d 1367 (Colo. 1997).
People v. Freeman, 885 P.2d 205 (Colo. 1994).
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.