Colorado statute

C.R.S. § 18-3-405.5 — Sexual assault on a client by a psychotherapist - definitions.

Current through 2025 Regular Session

Part of Part 4: UNLAWFUL SEXUAL BEHAVIOR, Colorado Revised Statutes.

Criminal charges under this statute

Sexual assault on a client by a psychotherapist

Full text of C.R.S. § 18-3-405.5

Statutory text current through the 2025 Regular Session. This is an officially sanctioned publication using the official text of the Colorado Revised Statutes; it is not the official statutes of the State of Colorado.

C.R.S. § 18-3-405.5Primary source, current through the 2025 Regular Session

(1) (a) Any actor who knowingly inflicts sexual penetration or sexual intrusion on a victim commits aggravated sexual assault on a client if: (I) The actor is a psychotherapist and the victim is a client of the psychotherapist; or (II) The actor is a psychotherapist and the victim is a client and the sexual penetration or intrusion occurred by means of therapeutic deception. (b) Aggravated sexual assault on a client is a class 4 felony. (2) (a) Any actor who knowingly subjects a victim to any sexual contact commits sexual assault on a client if: (I) The actor is a psychotherapist and the victim is a client of the psychotherapist; or (II) The actor is a psychotherapist and the victim is a client and the sexual contact occurred by means of therapeutic deception. (b) Sexual assault on a client is a class 1 misdemeanor. (3) Consent by the client to the sexual penetration, intrusion, or contact shall not constitute a defense to such offense. (4) As used in this section, unless the context otherwise requires: (a) "Client" means a person who seeks or receives psychotherapy from a psychotherapist. (b) "Psychotherapist" means any person who performs or purports to perform psychotherapy, whether the person is licensed or registered by the state pursuant to title 12, C.R.S., or certified by the state pursuant to part 5 of article 1 of title 25, C.R.S. (c) "Psychotherapy" means the treatment, diagnosis, or counseling in a professional relationship to assist individuals or groups to alleviate behavioral or mental health disorders, understand unconscious or conscious motivation, resolve emotional, relationship, or attitudinal conflicts, or modify behaviors that interfere with effective emotional, social, or intellectual functioning. (d) "Therapeutic deception" means a representation by a psychotherapist that sexual contact, penetration, or intrusion by the psychotherapist is consistent with or part of the client's treatment. (5) A person who is convicted on or after July 1, 2013, of sexual assault on a client by a psychotherapist under this section, upon conviction, shall be advised by the court that the person has no right: (a) To notification of the termination of parental rights and no standing to object to the termination of parental rights for a child conceived as a result of the commission of that offense; (b) To allocation of parental responsibilities, including parenting time and decision-making responsibilities for a child conceived as a result of the commission of that offense; (c) Of inheritance from a child conceived as a result of the commission of that offense; and (d) To notification of or the right to object to the adoption of a child conceived as a result of the commission of that offense.

Official sources

Legal terms used in this section

Questions this section answers

Is sexual assault on a client by a psychotherapist a felony or a misdemeanor in Colorado?

It depends on the circumstances: sexual assault on a client by a psychotherapist ranges from a class 1 misdemeanor to a class 4 felony in Colorado under C.R.S. § 18-3-405.5.

Aggravated sexual assault on a client: class 4 felony (C.R.S. § 18-3-405.5(1)(b)) · Sexual assault on a client: class 1 misdemeanor (C.R.S. § 18-3-405.5(2)(b))

Which Colorado statute covers sexual assault on a client by a psychotherapist?

Sexual assault on a client by a psychotherapist is governed by C.R.S. § 18-3-405.5 (Sexual assault on a client by a psychotherapist - definitions).

This reference is informational and is not legal advice.