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Sexual Assault – Position of Trust, C.R.S. 18-3-405.5

| Apr 7, 2014 | Sexual Assault |

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Colorado criminal statute 18-3-405.3, Sexual Assault on a Child by One in a Position of Trust, is the most severe of all Colorado’s sexual assault charges involving kids. It has more severe consequences than our basic Sexual Assault on a Child, C.R.S. 18-3-405. This occurs because Denver and Arapahoe County law recognizes the vulnerable position of a child in the care of those in authority. Sexual Assault on a Child is charged as a class 4 felony. However, if it includes Position of Trust, the felony class is bumped up to the more serious class 3 felony.

Qualification for this Crime

Like all criminal statutes, the definition of terms is critical. Who qualifies as a child victim, and what is meant by a person in a Position of Trust are two important terms that apply here. C.R.S. 18-3-405, Sexual Assault on a Child, defines a child victim as someone less than fifteen years old and when the actor is at least four years older than the victim. Both requirements must be met in Douglas, Jefferson, or Weld County. In other words, if a 16 year old has sexual contact with a 13 year old, aside from all else, the 16 year old should not be charged because the actor within four years of the younger. Likewise, a 16 year old “victim” and a 21 year defendant cannot complete this crime because of the minimum age requirement of the victim.

How Position of Trust Rules Differ

However, if an Adams or Weld County prosecutor wants to charge the 21 year old female in the above example, she may look at charging her with Sexual Assault on a Child by One in a Position of Trust. Under this statute, a child victim is considered any person under 18 years old. Prosecutors know they have a chance of convincing a jury that the older person was in a position of trust, even if the parties were just acquaintances. Why? Because Position of Trust is defined as including any person who is a parent or acting in the place of a parent, and charged with any of a parent’s rights, duties, or responsibilities concerning a child. . . no matter how brief, at the time of an unlawful act. Jurors can be made to feel the older person is always in a Position of Trust.

At the O’Malley Law Office, P.C., we work hard to make sure rogue prosecutors do not twist the law to put you behind bars. If you are charged with Sexual Assault on a Child by One in a Position of Trust, remain silent and call us at 303-731-0719. Together we can protect your future.

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