Colorado criminal charge
Sexual conduct in a correctional institution in Colorado
Sexual conduct in a correctional institution is a criminal offense under Colorado law, defined by C.R.S. § 18-7-701. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-7-701.
What is the penalty for sexual conduct in a correctional institution in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 3 years (Sexual intrusion/penetration by employee/contract employee/work-function individual — The sexual conduct includes sexual intrusion or sexual penetration and is committed by an employee, contract employee, or individual performing work functions in a correctional institution or for the department of corrections, department of human services, or a community corrections program.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Sexual intrusion/penetration by employee/contract employee/work-function individual — The sexual conduct includes sexual intrusion or sexual penetration and is committed by an employee, contract employee, or individual performing work functions in a correctional institution or for the department of corrections, department of human services, or a community corrections program.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Sexual intrusion/penetration by employee/contract employee/work-function individual — The sexual conduct includes sexual intrusion or sexual penetration and is committed by an employee, contract employee, or individual performing work functions in a correctional institution or for the department of corrections, department of human services, or a community corrections program.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | up to 364 days (no statutory minimum) (Sexual contact only by volunteer — The sexual conduct consists solely of sexual contact and is committed by a volunteer.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 1000 usd (no statutory minimum) (Sexual contact only by volunteer — The sexual conduct consists solely of sexual contact and is committed by a volunteer.) | discretionary | C.R.S. § 18-1.3-501 |
Applies to offenses on/after 2018-07-01.
How is sexual conduct in a correctional institution classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sexual intrusion/penetration by employee/contract employee/work-function individual | class 5 felony | The sexual conduct includes sexual intrusion or sexual penetration and is committed by an employee, contract employee, or individual performing work functions in a correctional institution or for the department of corrections, department of human services, or a community corrections program. | 18-7-701(3) |
| Sexual contact only by volunteer | class 1 misdemeanor | The sexual conduct consists solely of sexual contact and is committed by a volunteer. | 18-7-701(5) |
Common questions about sexual conduct in a correctional institution in Colorado
Is sexual conduct in a correctional institution a felony or a misdemeanor in Colorado?
It depends on the circumstances: sexual conduct in a correctional institution ranges from a class 1 misdemeanor to a class 5 felony in Colorado under C.R.S. § 18-7-701.
Sexual intrusion/penetration by employee/contract employee/work-function individual: class 5 felony (C.R.S. § 18-7-701(3)) · Sexual contact only by volunteer: class 1 misdemeanor (C.R.S. § 18-7-701(5))
What are the penalties for sexual conduct in a correctional institution in Colorado?
Penalties for sexual conduct in a correctional institution in Colorado depend on how it is classified — from a class 1 misdemeanor up to a class 5 felony — with the ranges set by C.R.S. § 18-1.3-401 and C.R.S. § 18-1.3-501; the full table of ranges by variant is published on this page.
Which Colorado statute covers sexual conduct in a correctional institution?
Sexual conduct in a correctional institution is governed by C.R.S. § 18-7-701 (Sexual conduct in a correctional institution).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.