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Position of Trust

Sexual Assault on a Child by a Position of Trust | CRS 18-3-405.3

Engaging in any sexual contact with someone 17 or younger is unlawful in Colorado if you’re in a position of trust to the juvenile. This includes being responsible in any way for the minor’s health, welfare, education, or supervision. While the age of consent in Denver, Lakewood, and Aurora is 17 (and even 16 or 15 within certain age parameters), being a position of trust negates the element of consent. While some teenagers might fantasize about hooking up with one of the younger adults in their lives, doing so can doom the older person if they serve certain roles. Coaches, teachers, youth pastors, counselors, and step-parents are just some of the roles susceptible to this particularly impactful criminal charge. Contact an experienced sex crimes attorney right away if you’re facing allegations like this.

Denver Sexual Assault by One in a Position of Trust Law

Denver’s position of trust law prohibits any sexual contact between those under 18 and specific adults in their lives. CRS 18-3-405.3 is the criminal code that addresses sexual assault on a child by one in a position of trust in Colorado. You commit SAOC as a position of trust in Denver, Jefferson, or Arapahoe County if you:

  • touch the breast(s), butt, or genital area of a minor under 18,
  • for the purpose of sexual arousal, gratification, or abuse,
  • AND are responsible in any way for any period of time for the juvenile’s health, education, welfare, or supervision

This also applies to causing or allowing the minor to touch the adult’s intimate parts as well. Even touching clothing covering private parts is sufficient for a charge of sexual assault on a child by one in a position of trust.

Penalties for Position of Trust Sex Assault in Colorado

Each child sex assault case is different. Penalties won’t always look the same. This sex offense is at minimum a class 4 felony and can include an indeterminate sentencing range, meaning a set minimum but no maximum. Defendant’s face 2 – 6 years in prison, as well as fines of $2K – $500K. However, if the child was under the age of 15 or the sexual contact occurred on multiple occasions, a class 3 felony applies. Penalties in these cases include:

  • a prison sentence of 4 – 12 years,
  • fines of $3K – $750K

A conviction for sexual assault on a child as a position of trust also requires sex offender registration. A great deal of information is made available to the public, which can be both humiliating and isolating. Presumptions that defendants are child predators and pedophiles often run through communities, making life after incarceration especially difficult. Employment opportunities are often scarce and issues renting a place to live aren’t uncommon.

Denver’s Top Sex Crimes Attorney

An allegation of a child sex crime in Denver, Aurora, or Lakewood is a very serious matter. Penalties can be lifelong and include especially lengthy prison sentences, steep fines, strict supervision, and public humiliation. This is why it’s vital that you contact Denver’s top sex crimes attorney for a free, confidential consultation. We have decades of combined experience successfully navigating child sexual assault charges and strive for the best possible outcome for each of our clients. Perhaps the touching didn’t involve private parts, it was accidental, or you weren’t a position of trust when the contact occurred. We offer same-day jail visits, affordable fees, and flexible payment plans for those facing sexual assault allegations throughout Colorado.

Don’t talk to the police about sexual assault by a position of trust – talk to us. Sawyer Legal Group, LLC 303-830-0880

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