Facing sexual assault charges in Colorado can change your life before a single day in court. A charge alone, even without physical evidence, DNA, or witness testimony, is enough to trigger a criminal investigation that reshapes your reputation, your relationships, and your future.

It’s important that you understand what Colorado sexual assault laws actually say, how charges are classified, what sentencing looks like, and what your options are. If you have been charged with a sex crime in Colorado, here’s what you absolutely need to know.

What Is Sexual Assault Under Colorado Law?

Colorado Revised Statutes (C.R.S.) Section 18-3-402 defines sexual assault as knowingly inflicting sexual intrusion or sexual penetration on a victim. A charge applies when any of the following circumstances exist:

1. The actor causes submission through means reasonably calculated to override the victim’s will
2. The actor knows the victim cannot understand the nature of their own conduct
3. The actor knows the victim submits because they mistakenly believe the actor is their spouse
4. The victim is under 15 years of age, the actor is at least four years older, and is not the victim’s spouse
5. The victim is between 15 and 17 years of age, the actor is at least ten years older, and is not the victim’s spouse
6. The victim is in custody or detained in a hospital or institution, and the actor holds supervisory authority and uses that position of trust to coerce submission
7. The actor claims to offer a medical service, but engages in conduct that is not a legitimate medical procedure
8. The victim is physically helpless, the actor knows it, and the victim has not consented

Sexual assault also extends to acts of sexual abuse and unlawful sexual contact, which are covered below.

Is Sexual Assault a Felony in Colorado?

Yes. Sexual assault is a felony in Colorado in most cases. Even the baseline charge, a class 4 felony, carries mandatory sex offender registration and the real possibility of prison time. The specific charge depends on the circumstances of the offense.

Here is how Colorado law classifies sexual assault charges:

Class 4 Felony Sexual Assault

A class 4 felony is the baseline classification. It applies when sexual penetration occurs without consent, including when:

• The victim was physically helpless or mentally incapacitated
• The victim was under the influence of drugs or alcohol and could not consent
• The victim was under 15 years of age, even with apparent consent
• The victim was in custody, and the actor held a position of authority over them
• The assault involved sexual assault on a child by a person in a position of trust, such as a teacher, coach, or counselor

A class 4 felony conviction still requires the defendant to register as a sex offender. That requirement alone is why sexual assault charges carry serious consequences from the moment they are filed.

Class 3 Felony Sexual Assault

C.R.S. Section 18-3-402 elevates sexual assault to a class 3 felony when accompanied by any of the following:

1. The actor used actual physical force or physical violence to cause submission
2. The actor made a threat of imminent death, serious bodily injury, extreme pain, or kidnapping, and the victim reasonably believed the actor could carry out those threats
3. The actor threatened future retaliation against the victim or another person
4. The actor used drugs, alcohol, or another intoxicant without the victim’s consent to impair the victim’s ability to resist

Class 2 Felony Sexual Assault

A class 2 felony is the most serious classification. It applies when:

1. The actor was aided or abetted by one or more other people during the assault
2. The victim suffered serious bodily injury
3. The actor was armed with a deadly weapon, or represented that they were armed, and used that threat to cause submission

A class 2 felony sexual assault conviction carries some of the harshest penalties available in Colorado.

Class 6 Felony Sexual Assault

C.R.S. Section 18-3-402(3) classifies sexual assault as a class 6 felony when the offense involves a victim between 15 and 17 years of age, and the actor is at least ten years older. This is a lower felony classification, but it still carries sex offender registration requirements and can result in prison time.

Class 1 Misdemeanor: Unlawful Sexual Contact

Not every sexual offense involves penetration. Unlawful sexual contact covers non-penetrative sexual contact without consent. Colorado law defines it as occurring when:

• A person knowingly touches the intimate parts of another person, including genitals, anus, groin, breast, or buttocks, either directly or through clothing, without consent
• A person coerces another person to touch intimate parts of themselves or a third party without consent

Unlawful sexual contact is generally a class 1 misdemeanor. Colorado can elevate the offense to a felony if the victim is a child under 15 or if the offender has a prior conviction for a sexual offense.

Examples of Sexual Assault Under Colorado Law

Colorado law treats a range of acts as sexual assault or rape, including:

• Non-consensual sexual contact: Any sexual act, including penetration or touching of intimate parts, without the other person’s agreement. This includes situations where the victim was intoxicated or otherwise unable to consent. Learn more about how alcohol factors into these criminal cases.
• Rape: Non-consensual sexual penetration, whether vaginal, anal, or oral, accomplished through physical force, threats, or coercion
• Sexual assault on a child: Sexual contact with a victim under 15, regardless of consent
• Sexual assault by a person in a position of trust: Contact by someone in authority over a child, such as a teacher, coach, family member, or counselor
• Sexual assault on a person with a disability: Sexual contact with someone who cannot give legal consent due to a mental or physical disability

Any sexual act or contact without the consent of all parties involved violates Colorado law.

Age of Consent and Statutory Rape in Colorado

Colorado sets the age of consent at 17 years old. Sexual activity with anyone under 17 can result in statutory rape charges, even if the activity appeared consensual. Colorado law includes narrow exceptions, such as when both individuals are close in age, but these exceptions are limited. Sex with a minor under 17 is generally illegal. Anyone uncertain about the legality of a sexual act should speak with a criminal defense attorney right away.

What Does It Take to Be Charged with Sexual Assault?

One of the difficult realities of sexual assault cases in Colorado is how little physical evidence is required to bring charges. Law enforcement can begin an investigation, and prosecutors can file sexual assault charges based on the victim’s account alone. There does not need to be:

• Physical evidence or injuries
• DNA evidence
• Witness testimony
• Prior criminal history involving the accused

Once a complaint is filed, law enforcement investigates, and the district attorney’s office decides whether to charge you. A charge alone, before any trial or conviction, can damage your reputation, your career, and your personal relationships. Acting quickly with an experienced defense attorney is critical.

Learn what evidence prosecutors actually use to build a case in our article on how sexual assault is proven in court.

How Sentencing Works in Colorado

Sexual assault sentencing in Colorado works differently from most other felony crimes. Two concepts define how time is calculated and served.

Indeterminate Sentencing

The most important thing to understand about a sexual assault charge sentence in Colorado is that these offenses fall under indeterminate sentencing. Rather than a fixed prison term, an indeterminate sentence means you serve the minimum of the presumptive range for your charge, with a maximum of the rest of your natural life. You become eligible for parole only after serving the minimum, and eligibility does not guarantee release.

Felony sexual assault cases classified as a crime of violence, defined in C.R.S. 18-3-406, carry a sentence starting at no less than the midpoint of the presumptive range, up to life in prison. Most felony sexual assaults qualify as crimes of sexual violence.

Consecutive vs. Concurrent Sentencing

Most sexual assault crimes are sentenced consecutively. If you are convicted on multiple counts, you serve each sentence back-to-back. Three counts of sexual assault mean you finish the first sentence before the second begins, which can dramatically increase your total time in custody.

Concurrent sentencing, where you serve multiple counts at the same time, is generally available only for lower-level sexual contact charges, not for felony sexual assault. So if you receive five years for four separate counts sentenced consecutively, you serve twenty years, not five.

Any person convicted of felony sexual assault committed on or after November 1, 1998, is sentenced under the indeterminate sentencing provisions of part 10 of article 1.3 of C.R.S. A full breakdown of how Colorado courts handle sex offender sentencing and treatment is available in our dedicated guide.

What Are the Penalties for Sexual Assault in Colorado?

Can you go to jail for sexual assault? Yes, in virtually every case, the punishment for sexual assault includes both prison time and fines.

Standard penalties for rape, sexual penetration, or sexual intrusion:

• 4 to 12 years in a Colorado state prison
• Fines up to $750,000

When aggravating factors are present, penalties can reach:

• 24 or more years in prison
• Fines up to $1,000,000

Aggravating factors include:

• The victim was under 14 years of age
• The victim was 15 or 16 and at least 10 years younger than the defendant
• The defendant was aided by another person during the assault
• The victim suffered serious bodily injury
• A deadly weapon was used or threatened
• The defendant has a prior history of violent crime
• At the time of the offense, the defendant was on parole, probation, bond, or serving time for another felony
• The victim was pregnant

The specific sexual assault consequences in any given case depend on the charge classification and the facts of the offense.

Long-Term Consequences: Sex Offender Registration

A conviction for sexual assault in Colorado means mandatory sex offender registration. This applies to every felony classification, including class 4 felonies. Sex offender registration carries consequences that extend well beyond the sentence itself:

• Your name, address, and offense appear on a public registry
• Restrictions on where you can live and work
• Required check-ins with law enforcement
• Ongoing scrutiny that affects housing, employment, and personal relationships

Removing yourself from the registry, known as deregistration, is possible under Colorado law but requires a legal process. Learn more about sex offender registration and deregistration in Colorado, including the requirements and how to petition for removal. Some convicted individuals are also placed on Sex Offender Intensive Supervised Probation (SOISP) rather than, or following, incarceration. SOISP is a highly restrictive form of community supervision with its own set of conditions. A conviction does not end when you leave prison. The consequences follow you.

Can a Married Defendant Still Be Charged?

Yes. Being married to the victim at the time of a sexual assault does not protect a defendant from charges in Colorado. Marriage is not a legal defense to sexual violence. There are narrow exceptions in specific circumstances, such as certain statutory rape scenarios, but they do not apply broadly to sexual assault cases.

Frequently Asked Questions

What is the mandatory minimum sentence for sexual assault in Colorado? 

A class 4 felony carries a presumptive range of 2 to 6 years. Indeterminate sentencing means a convicted person serves the minimum of that range, with a maximum of life. Class 3 and Class 2 felonies carry higher minimums. Sentences for crimes of violence start at the midpoint of the presumptive range.

What happens if you are found guilty of sexual assault in Colorado? 

A conviction results in incarceration under an indeterminate sentence, substantial fines, mandatory sex offender registration, and a permanent criminal record. Most first-time sexual assault sentence outcomes still involve prison time. There is no probation-only option for most felony sexual assault convictions.

Do all sexual assault cases go to court? 

Not all cases go to trial. Some are resolved through plea negotiations before trial. Because sex offenses carry mandatory registration and serious penalties, any plea arrangement still carries significant consequences. Talking to a defense attorney early matters.

How can sexual assault charges be dismissed? 

Charges can be dismissed if the prosecution lacks sufficient evidence, if there are constitutional violations in how evidence was gathered, or if witness credibility issues undermine the case. A defense attorney may file motions to suppress evidence, challenge the investigation process, or negotiate with the district attorney. Can prosecutors drop a sexual assault case during the investigation? Yes. If law enforcement or prosecutors determine there is not enough evidence to proceed, the case can be closed before charges are filed.

What evidence is needed for a sexual assault case? 

Prosecutors can file charges without physical evidence. A case built on testimony alone is more susceptible to challenge. Evidence that commonly appears in sexual assault cases includes medical records, text and digital communications, witness statements, and forensic analysis. Learn more about how sexual assault is proven in court.

Building a Defense Against Sexual Assault Charges in Colorado

Being charged with a sex crime in Colorado does not mean you will be convicted. The burden of proof rests with the prosecution, and there are real defenses available in sexual assault cases. A thorough criminal defense strategy may examine:

• Whether the alleged sexual act was actually consensual
• Whether the identification of the accused is reliable
• Whether law enforcement followed proper procedures during the investigation
• Whether any evidence was obtained unlawfully and can be suppressed
• The credibility and consistency of the accuser’s account

The outcome of a sexual assault case often depends on a legal strategy built early in the process, before charges are filed or before evidence is locked in. Retaining a defense attorney with experience in sex offenses as early as possible gives you the best chance of protecting your rights.

Contact Our Law Office

If you or a family member is facing sexual assault charges in Colorado, whether in Denver or anywhere else in the state, contact us for a free consultation on your case.

M. Colin Bresee is an experienced criminal defense attorney and former prosecutor. He served as a prosecutor for the Denver City Attorney’s Office and as the district attorney for multiple municipalities earlier in his career. He understands exactly how the prosecution builds these cases and knows how to challenge the criminal justice system.

Do not let these charges determine the rest of your life. Get the legal advice you need from a law firm that knows how Colorado courts handle these cases. We also offer payment plans so that cost is not a barrier to quality legal representation.

Disclaimer: Past results do not predict future performance. Neither this page nor any other on the website constitutes legal advice and does not establish an attorney-client relationship.