Colorado criminal charge
Sexual assault in Colorado
Current through 2026 Colorado legislative session
Sexual assault is a criminal offense under Colorado law, defined by C.R.S. § 18-3-402. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-3-402.
What is the penalty for sexual assault in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2 years to 6 years (Sexual assault — base offense — Sexual assault as defined in subsection (1) is a class 4 felony except as otherwise provided in subsections (3), (3.5), (4), and (5).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 2000 usd to 500000 usd (Sexual assault — base offense — Sexual assault as defined in subsection (1) is a class 4 felony except as otherwise provided in subsections (3), (3.5), (4), and (5).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Sexual assault — base offense — Sexual assault as defined in subsection (1) is a class 4 felony except as otherwise provided in subsections (3), (3.5), (4), and (5).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 12 months to 18 months (Sexual assault — victim 15-16, actor 10+ years older — Applies when the offense is committed under the circumstances of subsection (1)(e), involving a victim at least 15 but less than 17 and an actor at least ten years older who is not the victim's spouse.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Sexual assault — victim 15-16, actor 10+ years older — Applies when the offense is committed under the circumstances of subsection (1)(e), involving a victim at least 15 but less than 17 and an actor at least ten years older who is not the victim's spouse.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Sexual assault — victim 15-16, actor 10+ years older — Applies when the offense is committed under the circumstances of subsection (1)(e), involving a victim at least 15 but less than 17 and an actor at least ten years older who is not the victim's spouse.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 4 years to 12 years (Sexual assault — victim physically helpless — Applies when the offense is committed under the circumstances described in subsection (1)(h), where the victim is physically helpless and did not consent.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 3000 usd to 750000 usd (Sexual assault — victim physically helpless — Applies when the offense is committed under the circumstances described in subsection (1)(h), where the victim is physically helpless and did not consent.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Sexual assault — victim physically helpless — Applies when the offense is committed under the circumstances described in subsection (1)(h), where the victim is physically helpless and did not consent.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 4 years to 12 years (Sexual assault — force, threat, or impairment — Applies when the sexual assault is attended by physical force, threats of imminent harm, threats of future retaliation, or substantial impairment of the victim via drugs or intoxicants without consent, as described in subsections (4)(a)-(d).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 3000 usd to 750000 usd (Sexual assault — force, threat, or impairment — Applies when the sexual assault is attended by physical force, threats of imminent harm, threats of future retaliation, or substantial impairment of the victim via drugs or intoxicants without consent, as described in subsections (4)(a)-(d).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Sexual assault — force, threat, or impairment — Applies when the sexual assault is attended by physical force, threats of imminent harm, threats of future retaliation, or substantial impairment of the victim via drugs or intoxicants without consent, as described in subsections (4)(a)-(d).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 8 years to 24 years (Sexual assault — aggravating factors (aided, serious bodily injury, or deadly weapon) — Applies when the actor is aided or abetted by others, the victim suffers serious bodily injury, or the actor uses or represents use of a deadly weapon to cause submission, as described in subsections (5)(a)(I)-(III).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 5000 usd to 1000000 usd (Sexual assault — aggravating factors (aided, serious bodily injury, or deadly weapon) — Applies when the actor is aided or abetted by others, the victim suffers serious bodily injury, or the actor uses or represents use of a deadly weapon to cause submission, as described in subsections (5)(a)(I)-(III).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Sexual assault — aggravating factors (aided, serious bodily injury, or deadly weapon) — Applies when the actor is aided or abetted by others, the victim suffers serious bodily injury, or the actor uses or represents use of a deadly weapon to cause submission, as described in subsections (5)(a)(I)-(III).; mandatory parole (5 years if crime of violence)) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2018-07-01.
How is sexual assault classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sexual assault — base offense | class 4 felony | Sexual assault as defined in subsection (1) is a class 4 felony except as otherwise provided in subsections (3), (3.5), (4), and (5). | 18-3-402(2) |
| Sexual assault — victim 15-16, actor 10+ years older | class 6 felony | Applies when the offense is committed under the circumstances of subsection (1)(e), involving a victim at least 15 but less than 17 and an actor at least ten years older who is not the victim's spouse. | 18-3-402(3) |
| Sexual assault — victim physically helpless | class 3 felony | Applies when the offense is committed under the circumstances described in subsection (1)(h), where the victim is physically helpless and did not consent. | 18-3-402(3.5) |
| Sexual assault — force, threat, or impairment | class 3 felony | Applies when the sexual assault is attended by physical force, threats of imminent harm, threats of future retaliation, or substantial impairment of the victim via drugs or intoxicants without consent, as described in subsections (4)(a)-(d). | 18-3-402(4) |
| Sexual assault — aggravating factors (aided, serious bodily injury, or deadly weapon) | class 2 felony | Applies when the actor is aided or abetted by others, the victim suffers serious bodily injury, or the actor uses or represents use of a deadly weapon to cause submission, as described in subsections (5)(a)(I)-(III). | 18-3-402(5)(a) |
Common questions about sexual assault in Colorado
Is sexual assault a felony or a misdemeanor in Colorado?
It depends on the circumstances: sexual assault ranges from a class 6 felony to a class 2 felony in Colorado under C.R.S. § 18-3-402.
Sexual assault — base offense: class 4 felony (C.R.S. § 18-3-402(2)) · Sexual assault — victim 15-16, actor 10+ years older: class 6 felony (C.R.S. § 18-3-402(3)) · Sexual assault — victim physically helpless: class 3 felony (C.R.S. § 18-3-402(3.5)) · Sexual assault — force, threat, or impairment: class 3 felony (C.R.S. § 18-3-402(4)) · Sexual assault — aggravating factors (aided, serious bodily injury, or deadly weapon): class 2 felony (C.R.S. § 18-3-402(5)(a))
What are the penalties for sexual assault in Colorado?
Penalties for sexual assault in Colorado depend on how it is classified — from a class 6 felony up to a class 2 felony — with the ranges set by C.R.S. § 18-1.3-401; the full table of ranges by variant is published on this page.
Which Colorado statute covers sexual assault?
Sexual assault is governed by C.R.S. § 18-3-402 (Sexual assault).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.