CRS 18-3-402 defines the crime of sexual assault as any forced or non-consensual act of sexual intrusion or penetration. While this general framework encompasses all forms of sexual assault in Colorado, how severely a particular offense can be penalized depends on the specific circumstances surrounding it. Colorado does not differentiate between different types of sexual assault by degree. Instead, the crime is charged more heavily when certain additional facts are involved.
Class 6 Felony
Sexual assault is considered a Class 6 felony when the alleged victim is 15 or 16 years old and the defendant is at least ten years older than them and is not their spouse. This offense is punishable by twelve to eighteen months in a state prison and a fine of $1,000 to $100,000. You are also subject to a mandatory parole period of at least twelve months. While you would be required to register as a sex offender if convicted, this offense is eligible for a petition for removal from the registry.
Class 4 Felony
Sexual assault without force or injury is classified as a Class 4 felony. This offense is punishable by two to eight years imprisonment and a fine of between $2,000 and $500,000.
Class 3 Felony
A person can be charged with a Class 3 felony and subject to stricter penalties if the offense involved any of the following:
- A victim who was physically helpless, whom the defendant knew was helpless, and the victim did not consent
- The victim’s submission is compelled by actual physical force or physical violence
- The victim’s submission is compelled by the threat of imminent death, serious bodily injury, extreme pain, or kidnapping to be inflicted on anyone while the victim believes the defendant has the present ability to execute the threats
- The victim’s submission is compelled by threatening to retaliate against the victim or another person in the future and the victim reasonably believes the defendant will execute the threat
- The defendant substantially impaired the victim’s ability to appraise the situation or controlled the victim’s conduct by the use of any drug, intoxicant, or any other means without their consent
This offense is punishable by four to sixteen years in prison and a fine of between $3,000 and $750,000.
Class 2 Felony
A person can be charged with a Class 2 felony for sexual assault if the assault involves gang rape or causes serious bodily injury. Under these circumstances, the offense is punishable by eight to twenty-four years in prison and a fine between $5,000 and $1 million.
If the defendant uses a deadly weapon or claims they have one to compel the victim to submit, it is also a Class 2 felony. However, the offense can be punished by sixteen years to life in prison and a fine of $5,000 to $1 million.
Contact Us for Help Defending Your Criminal Charges
Regardless of which level of sexual assault you are being charged with, the situation is serious and requires an aggressive defense. An experienced criminal defense lawyer from The Law Offices of Elaine E. Lukic can discuss your situation and how we can help when you call us at (888) 565-2217 or contact us online for a confidential case review.