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Colorado statute

C.R.S. § 18-7-701 — Sexual conduct in a correctional institution.

Current through 2025 Regular Session

Part of Part 7: SEXUAL CONDUCT IN A CORRECTIONAL INSTITUTION, Colorado Revised Statutes.

Criminal charges under this statute

Full text of C.R.S. § 18-7-701

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. § 18-7-701Primary source, current through the 2025 Regular Session
(1) An employee, contract employee, or volunteer of a correctional institution or an individual who performs work or volunteer functions in a correctional institution who engages in sexual conduct with a person who is in lawful custody in a correctional institution commits the offense of sexual conduct in a correctional institution. (2) For purposes of this section: (a) "Correctional institution" means a correctional facility, as defined in section 17-1-102 (1.7), C.R.S., a local jail, as defined in section 17-1-102 (7), C.R.S., operated by or under contract with the department of corrections, a jail, a facility operated by or under contract with the department of human services in which juveniles are or may be lawfully held for detention or commitment for the commission of a crime, or a facility of a community corrections program as defined in section 17-27-102 (3), C.R.S. (b) "Sexual conduct" means sexual contact as defined in section 18-3-401 (4), sexual intrusion as defined in section 18-3-401 (5), or sexual penetration as defined in section 18-3-401 (6). "Sexual conduct" does not include acts of an employee of a correctional institution or a person who has custody of another person that are performed to carry out the necessary duties of the employee or the person with custody. (3) Sexual conduct in a correctional institution is a class 5 felony if the sexual conduct includes sexual intrusion or sexual penetration and is committed by an employee or contract employee of a correctional institution or by an employee, contract employee, or individual who performs work functions in a correctional institution or for the department of corrections, the department of human services, or a community corrections program. (4) Sexual conduct in a correctional institution is a class 6 felony if: (a) The sexual conduct consists solely of sexual contact and is committed by an employee or contract employee of a correctional institution or by an employee, contract employee, or individual who performs work functions in a correctional institution or for the department of corrections, the department of human services, or a community corrections program; (b) The sexual conduct includes sexual intrusion or sexual penetration and is committed by a volunteer. (5) Sexual conduct in a correctional institution is a class 1 misdemeanor if the sexual conduct consists solely of sexual contact and is committed by a volunteer.

Official sources

Legal terms used in this section

Questions this section answers

Is sexual conduct in a correctional institution a felony or a misdemeanor in Colorado?

It depends on the circumstances: sexual conduct in a correctional institution ranges from a class 1 misdemeanor to a class 5 felony in Colorado under C.R.S. § 18-7-701.

Sexual intrusion/penetration by employee/contract employee/work-function individual: class 5 felony (C.R.S. § 18-7-701(3)) · Sexual contact only by volunteer: class 1 misdemeanor (C.R.S. § 18-7-701(5))

Which Colorado statute covers sexual conduct in a correctional institution?

Sexual conduct in a correctional institution is governed by C.R.S. § 18-7-701 (Sexual conduct in a correctional institution).

This reference is informational and is not legal advice.