A charge for sexual assault on a child by one in a position of trust under C.R.S. 18-3-405.3 is one of the most serious accusations a person can face in Colorado. These cases can affect your freedom, reputation, family, career, and future from the very beginning. Still, an accusation is not a conviction. The prosecution must prove every required element beyond a reasonable doubt, and these cases often involve major disputes about the relationship between the parties, credibility, motive, context, timing, and what the evidence actually shows.
At Landy Criminal Defense, we approach these cases with discretion, care, and strategy. We examine the statements, timeline, communications, digital evidence, and the government’s theory from every angle. In many cases, the most important question is not what was alleged, but what can actually be proven in court.
Under Colorado law, sexual assault on a child by one in a position of trust generally means knowingly subjecting a child under 18 to sexual contact when the accused was in a position of trust with respect to that child. The charge is a class 3 felony if the child was under 15, or if the allegation involves a pattern of sexual abuse. Otherwise, it is generally a class 4 felony if the child was 15 or older but under 18.
Sexual assault on a child by one in a position of trust (C.R.S. 18-3-405.3) generally involves sexual contact with a minor under 18 when the accused held a position of authority, supervision, or influence. The charge is a class 3 felony if the child is under 15 or if the allegation involves a pattern of abuse. Otherwise, it is typically a class 4 felony.
What Is Sexual Assault on a Child by One in a Position of Trust Under Colorado Law?
Under C.R.S. 18-3-405.3, a person commits this offense if the person knowingly subjects another person, not his or her spouse, to sexual contact, the alleged victim is under 18 years old, and the accused was one in a position of trust with respect to the alleged victim. Because of that, the statute focuses on three central issues: the alleged sexual contact, the child’s age, and whether the accused actually occupied a qualifying position of trust.
A charge under this statute may sound straightforward from the charging document, but the real facts are often far more complicated. The meaning of “sexual contact,” the nature of the relationship, the context of the accusation, and the reliability of the statements can all become central issues. Moreover, these cases sometimes involve delayed reporting, family conflict, coaching concerns, custody disputes, or disputed claims about authority and supervision.
The prosecutor must prove each element beyond a reasonable doubt. That burden matters because these cases often depend heavily on statements, competing narratives, and the inferences the government asks a jury to draw. Therefore, suspicion, emotion, and accusation do not replace proof.
In addition, if the case is charged as a more serious form of the offense, the prosecution must prove the aggravating facts that elevate the charge. As a result, many cases turn on whether the evidence actually supports the allegation that a qualifying position of trust existed or that a pattern of sexual abuse can be established.
In practice, the “position of trust” issue is often one of the most important parts of the case. Colorado law generally focuses on whether the accused occupied a role that involved authority, supervision, guidance, or influence over the child. However, simply knowing a child or spending time around a child does not automatically answer that question. The facts of the relationship matter.
Because the statute can turn on the nature of the relationship, many defenses focus closely on whether the government can actually prove that the accused held a legally meaningful position of trust with respect to the alleged victim.
These allegations can arise in many different settings. Sometimes the report comes from a school environment, youth activity, family setting, church setting, or a household relationship. In some cases, the allegation is reported immediately. In others, it surfaces months or years later after counseling, a family dispute, a breakup, or another major life event. Because of that, the timeline often becomes critical.
For example, one case may rest almost entirely on a child’s statement, with little or no physical evidence. Another may involve disputed messages, allegations spanning multiple time periods, or claims that the accused exercised influence in a way that is not actually supported by the surrounding facts. A strong defense begins by examining what was said, when it was said, how the account changed, and whether the facts truly support the charged theory.
Related Colorado Sex Offense Charges:
Sexual assault on a child by one in a position of trust is charged as a felony. However, the classification depends on the age of the child and whether the case includes an alleged pattern of sexual abuse.
| Charge Level | When It Applies | Potential Consequences |
|---|---|---|
| Class 3 Felony | If the alleged victim was under 15, or if the offense is alleged to be part of a pattern of sexual abuse | Serious felony penalties, possible prison, collateral consequences, permanent criminal record exposure, and potential life sentence in prison. |
| Class 4 Felony | If the alleged victim was 15 or older but under 18, and the allegation does not involve a pattern of sexual abuse | Felony exposure, possible prison, collateral consequences, lasting reputational harm, and potential life sentence in prison. |
| Additional Consequences | Upon conviction | Possible enhanced sentencing issues, parental-rights-related consequences in qualifying cases, severe long-term collateral damage, and potential life sentence in prison. |
If a defendant is convicted of the class 3 felony based on an alleged pattern of sexual abuse, the court must sentence the defendant under C.R.S. 18-1.3-406, Colorado’s crime of violence sentencing statute. In addition, the statute includes special consequences concerning parental rights, parenting time, inheritance, and adoption objections in cases involving a child conceived as a result of the offense.
The right defense depends on the facts. In some cases, the defense challenges whether the alleged conduct happened at all. In others, the focus is on whether the relationship truly qualifies as a position of trust, whether the statements are reliable, whether the accusation was influenced by outside factors, or whether the prosecution can prove a pattern of sexual abuse. Accordingly, a serious defense begins with careful factual investigation, not assumptions.
Possible defenses may include lack of proof, false allegation, mistaken interpretation, inconsistent statements, motive to fabricate, contamination of a child’s statement, unreliable interviewing, disputed authority or supervision, and challenges to digital or forensic evidence. Likewise, the defense may attack a claimed pattern of abuse by showing the allegation is vague, uncorroborated, or internally inconsistent.
A position-of-trust allegation may overlap with other Colorado sex offense and sentencing issues. Depending on the facts, the case may also involve related allegations, enhancement arguments, or alternate charging theories that affect plea negotiations and trial strategy. Therefore, it is important to evaluate the entire case rather than focusing on a single label in the charging document.
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A charge under C.R.S. 18-3-405.3 is serious, but seriousness does not reduce the prosecution’s burden. These cases often depend on credibility, context, the alleged relationship between the parties, careful analysis of statements, and whether the evidence truly supports the accusation. Moreover, early mistakes in handling the case can have lasting consequences.
At Landy Criminal Defense, we defend high-stakes Colorado sex offense cases by testing the evidence, exposing weaknesses in the investigation, and building strategic defenses tailored to the real facts. If you or a loved one is facing this type of allegation, getting experienced counsel involved early can make a major difference.
The accusation may feel overwhelming, but the case is not over. Landy Criminal Defense builds strategic, trial-ready defenses for serious Colorado sex offense cases and looks for the weaknesses that can change the result.
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