Colorado law takes crimes against children seriously, particularly when committed by individuals who hold positions of authority or trust over minors. One such statute is CRS 18-3-405.3, which addresses the Sexual Exploitation of a Child by a Person in a Position of Trust. This law applies when an individual in a trusted role, such as a teacher, coach, religious leader, or caregiver, engages in unlawful sexual contact with a child.
This crime is considered especially egregious because children rely on trusted adults for guidance, safety, and care. When this trust is broken through sexual exploitation, it can lead to severe emotional and psychological harm.
Denver Lawyer for Sexual Exploitation of a Child Charges
Being accused of Sexual Exploitation of a Child by a Person in a Position of Trust (CRS 18-3-405.3) or any sex offense can destroy your reputation, career, and future. These charges carry severe penalties, including prison time and mandatory sex offender registration. The legal system is unforgiving, and waiting to build a strong defense only makes matters worse. Do not speak to law enforcement without an attorney.
Your future is too important to risk—don’t face these serious charges alone. Contact Law Office of Matthew A. Martin, P.C. today at (303) 725-0017 to schedule your free initial consultation. Law Office of Matthew A. Martin, P.C. proudly serves clients throughout the greater Denver area, including Adams County, Arapahoe County, Douglas County, Broomfield County, and Boulder County.
Table of Contents
- Overview
- Key Terms
- Penalties
- Defenses
- Frequently Asked Questions
- Hire a Lawyer for Sexual Exploitation of a Child by a Person in a Position of Trust
Sexual Exploitation of a Child by a Person in a Position of Trust under Colorado Law
Colorado defines the sexual exploitation of a child by a person in a position of trust under CRS 18-3-405.3 as:
Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child by one in a position of trust if the victim is a child less than eighteen years of age and the actor committing the offense is one in a position of trust with respect to the victim.
A conviction under this law typically comes down to character, plausibility and hard evidence.
Key Terms
Person in a Position of Trust
A person in a position of trust refers to any adult who has a role of supervision, instruction, guidance, or responsibility over a child. Examples include:
- Teachers and school staff
- Coaches and athletic trainers
- Religious leaders (priests, pastors, etc.)
- Counselors and therapists
- Daycare providers and babysitters
- Parents, guardians, or step-parents
Sexual Exploitation or Abuse
The statute criminalizes any sexual contact, sexual intrusion, or sexual penetration between an adult in a position of trust and a minor. This includes:
- Touching of intimate parts (either directly or through clothing) for sexual gratification
- Forcing or coercing a child to engage in sexual acts
- Engaging in any sexual activity where the child is unable to legally consent
Age Considerations
The law categorizes penalties based on the child’s age:
- If the victim is under 15 years old, any sexual contact by a person in a position of trust is a Class 3 felony.
- If the victim is between 15 and 18 years old, the offense is a Class 4 felony unless the perpetrator used force, threats, or intimidation, which could increase the severity of the charge.
Penalties for Violating CRS 18-3-405.3
The consequences of being convicted under this statute depend largely on the victim’s age.
| Age of the Victim | Felony Class | Potential Prison Sentence | Fines | Parole Period |
|---|---|---|---|---|
| Under 15 years old | Class 3 felony | 4 to 12 years | $3,000 to $750,000 | 5 years |
| 15-18 years old | Class 4 felony | 2 to 6 years | $2,000 to $500,000 | 3 years |
Additionally, individuals convicted under this law are subject to:
- Lifetime sex offender registration
- Mandatory parole and probation restrictions
- Potential civil lawsuits from victims
- Restrictions on working with minors
Judges may impose harsher sentences if the crime included force, intimidation, or repeated offenses.
Defenses Against Charges Under CRS 18-3-405.3
While this is a serious charge, certain defenses may apply, including:
- False Accusations – The alleged victim or their family may fabricate allegations due to personal motives, such as revenge, custody disputes, or financial incentives.
- Lack of Sexual Intent – The defense may argue that the contact was accidental or misinterpreted, rather than for sexual gratification.
- Mistaken Identity – If the victim cannot clearly identify the perpetrator, mistaken identity could be a viable defense.
- Age Defense – If both parties were close in age and the relationship was consensual, the charges may not apply under this specific statute. However, other laws like statutory rape may apply.
- Insufficient Evidence – If there is no physical evidence, witness testimony, or digital proof, the prosecution may have a weak case. However, Colorado does not necessarily require physical evidence to convict a person of sexual assault.
Hire a Lawyer for Sexual Exploitation of a Child by a Person in a Position of Trust in Denver, CO
A conviction under CRS 18-3-405.3 comes with life-altering consequences, but an accusation does not equal guilt. Prosecutors aggressively pursue these cases, often relying on unreliable testimony or weak evidence. You need a defense attorney who understands the law, challenges the prosecution’s case, and fights for the best possible outcome. Do not take chances with your future.
Call Law Office of Matthew A. Martin, P.C. for a confidential consultation at (303) 725-0017 and start building your defense today.