When Touching Equals Intercourse: Colorado’s Sexual Assault on a Child Laws and the Consequences the Public Rarely Understands

When Touching Equals Intercourse: Colorado’s Sexual Assault on a Child Laws and the Consequences the Public Rarely Understands

Colorado has some of the harshest sexual offense statutes in the country when it comes to allegations involving children. What many people—including jurors, parents, and even young adults—do not understand is that under Colorado law, touching over the clothes can be treated the same as sexual intercourse, carrying the same charge, the same indeterminate sentencing structure, and in many cases the same life-altering consequences.

This article is not a defense of sexual abuse. It is an explanation of how Colorado law actually works—and why the gap between public perception and legal reality matters.

Sexual Assault on a Child in Colorado: “Any Sexual Contact” Is Enough

Under C.R.S. § 18-3-405, a person commits sexual assault on a child if they knowingly subject a child to any sexual contact.

Critically:

• “Sexual contact” does not require penetration

• It includes touching over clothing

• It includes touching of breasts, buttocks, or genital areas

• It includes direct or indirect touching

Colorado courts have consistently held that over-the-clothes touching is legally identical to skin-to-skin contact for purposes of charging sexual assault on a child. There is no requirement that the touching be prolonged, forceful, or coercive.

From a statutory standpoint, intercourse is not required to establish the offense.

Age Thresholds and the Four-Year Age Difference Rule

Children Under 15 (No Position of Trust)

When the alleged victim is under 15 years old, Colorado law applies a four-year age difference rule:

• A 15- and 16-year-old → no offense

• A 14-year-old and 18-year-old → sexual assault on a child

• The only factor is chronological age, not maturity, appearance, or conduct

Consent is not a defense.

Position of Trust: The Four-Year Rule Disappears

If the accused is in a position of trust, the law changes dramatically.

Under C.R.S. § 18-3-405.3, sexual assault on a child by one in a position of trust applies when:

• The child is under 18

• The accused holds any position of trust

• No four-year age difference is required

What Is a “Position of Trust”?

Colorado defines “position of trust” broadly and courts have repeatedly described it as fact-dependent and expansive, including:

• Babysitters

• Coaches

• Teachers

• Tutors

• Youth group leaders

• Family friends

• Older siblings

• Live-in partners of a parent

• Anyone with temporary supervision or authority

The definition does not require a formal title or employment relationship. Even brief or informal supervision can qualify.

This makes the position-of-trust determination nebulous and dangerous, especially in teenage and young-adult relationships that involve families, shared housing, or mentorship roles.

Penetration vs. Touching: Same Charge, Same Sentence Structure

Colorado law does provide sentence enhancers when sexual assault on a child involves penetration and the child is under 12. However, this distinction is often misunderstood.

What matters for charging and sentencing exposure is this:

• Touching over clothing = sexual assault on a child

• Intercourse = sexual assault on a child

• Both are subject to Colorado’s indeterminate sentencing scheme

That means:

A person convicted can face a minimum sentence with a maximum of life in prison—even when the allegation involves over-the-clothes touching.

Pattern of Sexual Abuse: How “More Than Once” Becomes 8 Years to Life

One of the least understood—and most devastating—provisions is the pattern of sexual abuse enhancement.

Under C.R.S. § 18-3-405(2)(d):

• If the sexual contact occurs more than once

• Even if it is the same type of touching

• Even if it is over the clothes

• Even if it occurs within a consensual-appearing relationship

The penalty becomes:

A mandatory minimum of 8 years to life in the Colorado Department of Corrections

There is no discretion to sentence below that minimum once a pattern is found.

A teenager or young adult who engages in repeated kissing with over-the-clothes touching can, under Colorado law, be sentenced the same as a serial child predator.

Probation Is Not What the Public Thinks It Is

Even in rare cases where probation is imposed:

• Probation is often 10 years minimum

• It can be extended to life

• It includes:

  
  

  • Lifetime sex offender registration

  • Polygraphs

  • Treatment at the offender’s expense

  • Severe restrictions on housing, internet use, and family contact

• 
  

Probation in these cases is not leniency—it is lifelong control.

There Is No Defense for Being Lied To About Age

One of the most troubling aspects of Colorado law is this:

It is not a defense that the minor lied about their age.

Consider this real-world scenario:

• An 18-year-old boy

• Meets a 14-year-old girl

• She:

  
  

  • Uses an 18+ dating app

  • Claims to be 18 or 19

  • Presents a fake ID

  • Drinks, smokes, and socializes like an adult

  • Initiates intimacy

  • Meets his family and convinces them she is age-appropriate

• 
  

When the relationship is discovered and reported, none of that matters.

Colorado law looks only at:

• The actual ages

• Whether there was sexual contact

• Whether it happened more than once

• Whether a position of trust can be argued

The result?

• Mandatory 8 years to life in prison

• Lifetime sex offender registration

• A permanent label as a child sex offender

Is This the “Sex Offender” the Public Thinks the Registry Represents?

When the public hears “sex offender” or “sexual assault on a child,” they imagine:

• A violent predator

• A stranger in a van

• A calculated abuser exploiting children

But Colorado’s registry includes:

• Teenagers

• Young adults

• First-time offenders

• Individuals involved in consensual-appearing relationships

• People whose conduct never involved force, coercion, or penetration

That disconnect matters.

Because laws designed to protect children must also be precise, proportional, and honest about who they punish.

Final Thoughts

Colorado’s sexual assault on a child statutes impose extraordinary consequences for conduct the public does not associate with life imprisonment.

Understanding the law is not about minimizing harm—it is about ensuring justice is informed, proportional, and grounded in reality.

If you or someone you love is facing allegations of sexual assault on a child in Colorado, early legal intervention is critical. These cases move fast, the stakes are permanent, and misconceptions can cost someone their entire future.

Ted McClintock

Criminal Defense Attorney – Colorado

Protecting constitutional rights when the consequences are forever