Colorado’s “Child Molestation” Laws & Sentencing

Colorado child molestation laws make it a serious sex crime to touch children in a sexual way. Most molestation crimes are felonies or extraordinary risk class 1 misdemeanors punishable by substantial jail or prison sentences. The convicted defendant will be required to be on the Sex Offender Registry.

Below, our Denver Colorado criminal defense attorneys discuss:

• 1. What are Colorado’s child molestation crimes?
• 2. What is the statute of limitations?
• 3. What are the best criminal defense strategies?

1. What are Colorado’s child molestation crimes?

The table below summarizes the definition of and sentencing for the state’s four main child molestation crimes:

Child Molestation Crime	Penalties (in addition to Colorado sex offender registration)
Unlawful Sexual Contact (CRS 18-3-404) Knowingly touching a minor’s intimate parts without consent; or Enticing a minor to expose his/her intimate parts or to have sex with another person for the defendant’s sexual gratification.	Extraordinary risk class 4 felony, if the victim is compelled to submit to sexual contact by drugging, force, intimidation, or threats: 2 to 8 years in prison, and/or $2,000 to $500,000 in fines Otherwise, an extraordinary risk class 1 misdemeanor: Up to 18 months in jail, and/or Up to $1,000 in fines
Sexual Assault on a Child (CRS 18-3-405) Fondling a minor under 15 (or causing the child to fondle the defendant); and The minor is at least four years younger than the defendant.	Class 3 felony, if the defendant used force or threats of pain, serious bodily injury, or kidnapping, or if the assault was part of a pattern of child abuse: 4 to 12 years in prison, and/or $3,000 to $750,000 in fines Otherwise, a class 4 felony: 2 to 6 years in prison, and/or $2,000 to $500,000 in fines
Sex Assault on a Child by One in a Position of Trust (CRS 18-3-405.3) Knowingly engaging in sexual contact with a minor under 18; and The defendant is responsible in any way for that minor’s health, welfare, education or supervision (such as social workers, mental health professionals, medical care providers, teachers, guardians, babysitters, etc.).	Class 3 felony, if the minor was under 15, or the offense was part of a pattern of sexual abuse: 4 to 12 years in prison, and/or $3,000 to $750,000 in fines Otherwise, a class 4 felony: 2 to 6 years in prison, and/or $2,000 to $500,000 in fines
Internet Exploitation of a Child (CRS 18-3-405.4) Knowingly using the internet or phone to encourage a minor to either 1) masturbate or touch others’ intimate parts while communicating with the defendant, or 2) watch the defendant masturbate or expose his/her intimate parts; and The defendant believes the minor is under 15 and at least four years younger than the defendant.	Class 4 felony: 2 to 6 years in prison, and/or $2,000 to $500,000 in fines

2. What is the statute of limitations?

There is no statute of limitations for most felony child sexual abuse crimes, including for related offenses such as sexual exploitation of a child under 18 – child pornography (CRS 18-6-403) and enticement of a child under 15 (CRS 18-3-305). This means prosecutors can press criminal case charges at any time.

Note that there is a time limit to bring criminal charges in felony unlawful sexual contact cases when the victim is 15 or older:

• 10 years after the incident, or
• 10 years after the victim reaches 18 years old

And there is always a statute of limitations to bring misdemeanor unlawful sexual contact criminal charges:

• 5 years after the incident if the victim is 15 or older;
• 8.5 years after the incident if the victim is under 15.¹

3. What are the best criminal defense strategies?

Various defenses may get child sex charges reduced or dismissed. The most common one is that the defendant was falsely accused, and that nothing the defendant did crossed the line.

Criminal defense attorneys would compile all the available evidence – such as written communications, surveillance video, medical records, and expert testimony – to cast doubt on the prosecution’s case. And it may be possible to impeach the credibility of the accuser(s) to show their motivation to lie. Children in particular are prone to fabricating falsehoods.

Note that it is not a defense that the child consented to any sexual activity. Colorado’s age of consent is 17 years old, but there is a Romeo & Juliet “close-in-age” exception in statutory rape cases: 15- and 16-year-olds may consent to sex with a person less than 10 years older. And children under 15 may consent to sex with a person less than 4 years older.²

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