A charge for sexual assault on a child under C.R.S. 18-3-405 is one of the most serious accusations a person can face in Colorado. These cases can affect your freedom, reputation, family, and future from the very beginning. Still, an allegation is not a conviction. The prosecution must prove every required element beyond a reasonable doubt, and these cases often involve major disputes about 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, digital evidence, forensic issues, 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 generally means knowingly subjecting a person under 15 years old to sexual contact when the accused is at least four years older. The offense is usually a class 4 felony, but it can become a class 3 felony in cases involving force, threats, or an alleged pattern of sexual abuse.
Under C.R.S. 18-3-405, 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 15 years old, and the accused is at least four years older than the alleged victim. Because of that, the statute focuses on the alleged contact, the ages of the people involved, and the accused person’s mental state.
A sexual assault on a child case may look simple from a charging document, but the real facts are often far more complicated. The meaning of “sexual contact,” the reliability of statements, and the surrounding circumstances can all become central issues. Moreover, some allegations involve delayed reporting, family conflict, coaching concerns, inconsistent accounts, or disputed interpretations of what happened.
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, emotion, suspicion, and accusation do not replace proof.
In addition, if the case is charged as a class 3 felony, the government must prove the aggravating facts that elevate the charge. That can include alleged force, threats, or a claimed pattern of abuse. As a result, many cases turn on whether the evidence actually supports those added allegations.
These allegations arise in many different settings. Sometimes the report comes from a family member, a household contact, a school setting, a youth activity, or a dating relationship involving teenagers. In some cases, the allegation is reported immediately. In others, it surfaces months or years later after counseling, a family dispute, a breakup, or a custody conflict. Because of that, the timeline often becomes critical.
For example, one case may rest entirely on a child’s statement with no physical evidence. Another may involve disputed text messages, interviews at a child advocacy center, or an accusation that the conduct happened more than once over time. A strong defense to sexual assault on a child starts by examining what was said, when it was said, how the account changed, and whether the surrounding facts support or undermine the accusation.
Sexual assault on a child is generally charged as a felony. However, the classification depends on the facts alleged by the prosecution. In some cases, sentencing may also be controlled by Colorado’s crime of violence rules, which can significantly increase exposure.
| Charge Level | When It Applies | Potential Consequences |
|---|---|---|
| Class 4 Felony | Base offense under C.R.S. 18-3-405 | Felony penalties, possible prison, collateral consequences, and a permanent criminal record |
| Class 3 Felony | If the case involves force, qualifying threats, or an alleged pattern of sexual abuse | Greater felony exposure and possible sentencing under C.R.S. 18-1.3-406 |
| Additional Consequences | Upon conviction | Sex offender registration, restrictions affecting parental rights if a child was conceived, and severe long-term collateral damage |
A conviction can reach far beyond jail or prison. Depending on the outcome, a person may face registration requirements, treatment obligations, contact restrictions, housing problems, professional consequences, and lasting reputational harm. Accordingly, early and strategic defense work is often essential.
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 mistaken interpretation, inconsistent statements, flawed interviewing, motive to fabricate, impossible timelines, or the prosecution’s inability to prove a required age-related or statutory element. Accordingly, a serious defense begins with careful factual investigation, not assumptions.
In a sexual assault on a child case, possible defenses may include lack of proof, false allegation, contamination of a child’s statement, unreliable interviewing methods, insufficient corroboration, and challenges to forensic or digital evidence. Likewise, the defense may attack an alleged pattern of abuse by showing the accusation is vague, uncorroborated, or internally inconsistent.
A sexual assault on a child allegation may overlap with other Colorado sex offense or sentencing issues. Depending on the facts, the case may also involve related allegations, lesser included issues, or enhancement arguments 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.
You can also review our related pages on
A charge for sexual assault on a child is serious, but seriousness does not reduce the prosecution’s burden. These cases often depend on credibility, context, 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.
*All Fields Are Required
*All fields are required
