Is Sexual Assault a Felony in Colorado?

If you or a loved one have been accused of sexual assault in Colorado, one of your first questions is likely is sexual assault a felony in Colorado? The short answer is yes – sexual assault is a felony offense in our state, and a conviction carries severe criminal penalties and lifelong consequences.

However, the specific felony level and sentencing range depend on the circumstances of the alleged offense. Below, we provide an overview of Colorado’s sexual assault laws and penalties. For personalized guidance, contact an experienced Colorado sexual assault lawyer right away.

Colorado’s Sexual Assault Laws

Colorado’s primary sexual assault statute is § 18-3-402, C.R.S. This law prohibits knowingly inflicting sexual intrusion or penetration on a victim in the following circumstances:

• The defendant causes submission through force or threats that make resistance impossible
• The defendant knows the victim is incapable of appraising the nature of their conduct
• The victim submits under the mistaken belief that the defendant is their spouse
• The victim is less than 15 years old and the defendant is at least 4 years older
• The victim is in custody or detained and the defendant has supervisory authority over them
• The defendant uses their role in providing medical treatment to engage in sexual activity with the victim

The statute also defines sexual intrusion and classifies sexual assault as a strict liability crime, meaning the prosecution does not need to prove that the defendant intended any particular result beyond the prohibited sexual act itself.

Sexual Assault Penalty Ranges in Colorado

The penalties for sexual assault in Colorado depend primarily on the specific circumstances of the offense. The same conduct can be punished very differently based on factors like:

• The age of the victim
• Whether force or threats were used
• If the victim was injured
• The defendant’s criminal history
• Whether multiple assailants participated

Generally speaking, sexual assault convictions range from class 4 to class 2 felonies in Colorado. Here’s how those felony classifications translate into prison sentences and fines:

• Class 4 Felony: 2-6 years in prison, 3 years parole, and $2,000-$500,000 in fines
• Class 3 Felony: 4-12 years in prison, 5 years parole, and $3,000-$750,000 in fines
• Class 2 Felony: 8-24 years in prison, 5 years parole, and $5,000-$1,000,000 in fines

However, Colorado law allows for sentencing ranges to be increased in extraordinary risk or aggravated circumstances. For example:

• Class 4 felony convictions can be aggravated up to 12 years in prison if certain factors are present, like the use of a deadly weapon or causing serious bodily injury.
• Class 2 felony sexual assaults can be subject to Colorado’s indeterminate life sentencing law if the victim was seriously injured, the defendant used threats or force, or other aggravating factors apply. This means the court can impose a prison sentence with no set release date.

So as you can see, the potential prison exposure for a felony sexual assault conviction in Colorado is extremely serious. Even the most “minor” class 4 felony sex assault cases carry presumptive ranges of 2-6 years in the Department of Corrections.

Colorado Sex Offender Registration

Aside from lengthy prison sentences, one of the harshest consequences of a felony sexual assault conviction in Colorado is mandatory sex offender registration.

Under Colorado’s Sex Offender Registration Act, codified at § 16-22-101, et seq., C.R.S., individuals convicted of felony sex crimes must register with local law enforcement in any jurisdiction where they live, work, or attend school.

This registration requirement lasts a minimum of 10 years for class 4 felony sex assault convictions, 20 years for class 3 felonies, and can even be imposed for life in more aggravated class 2 felony cases.

Being a registered sex offender makes it extremely difficult to find employment, housing, and educational opportunities. Failure to comply with reporting obligations is a separate felony offense that can result in additional prison time. It’s an enormous weight that follows you long after any prison sentence is complete.

Collateral Consequences of Colorado Felony Sexual Assault Convictions

In addition to the formal criminal penalties, a felony sexual assault conviction in Colorado triggers a cascade of collateral consequences that touch every part of your life. Some of the most devastating include:

• Loss of professional licenses and inability to work in many fields
• Disqualification from public housing and other government benefits
• Restriction or total loss of parental rights and child custody
• Prohibition on owning firearms as a convicted felon
• Difficulty finding any landlord willing to rent to a convicted sex offender
• Ineligibility for student loans and scholarships
• Revocation of driver’s license in certain circumstances
• Negative social stigma and ostracization from friends, family, and community

For non-citizens, a sexual assault conviction is considered a crime of moral turpitude that can lead to deportation, denial of reentry to the U.S., and ineligibility for citizenship.

While some of these consequences are the indirect results of the social stigma, many are expressly mandated by Colorado law. Convicted sex offenders face an uphill battle to re-assimilate into free society.

Accused of Felony Sexual Assault in Colorado? Do These 3 Things Now

If you’ve been accused of sexual assault in Colorado, your freedom, reputation, and entire way of life are on the line. The single most important thing you can do is remain silent and contact an experienced criminal defense attorney immediately.

Here’s exactly what to do (and not do) if you’re being investigated for a sex crime in our state:

1. Do NOT discuss the incident with ANYONE except your lawyer. This means no speaking to police, friends, or even family. Prosecution will twist any statements you make.
2. Gather all documents, messages, or other evidence related to the encounter or your relationship with the accuser. Give copies to your defense attorney.
3. Contact a skilled Colorado sex crimes lawyer right away. Do not wait until formal charges are filed. The sooner an attorney is involved, the better your chances.

At Dawson Law Office, our sex crime lawyers have decades of experience protecting the rights of clients accused of sexual assault throughout Colorado. We are ready to immediately step in, investigate the allegations, and start building your strongest possible defense.

Confidential Sexual Assault Defense Strategy Session

Don’t face felony sexual assault charges alone. Contact us today for a confidential consultation. We’ll go over the details of your situation, discuss your legal options, and start creating a personalized defense plan.

Remember, an accusation does not equal a conviction. There are many ways to defend against sexual assault charges in Colorado, but you need a skilled legal advocate in your corner. Reach out now to get the help you need. Call to speak with an experienced Colorado sex crimes attorney about your case.