Colorado criminal charge
Unlawful electronic sexual communication in Colorado
Unlawful electronic sexual communication is a criminal offense under Colorado law, defined by C.R.S. § 18-3-418. 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. § 18-3-418.
What is the penalty for unlawful electronic sexual communication in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 12 months to 18 months (Unlawful electronic sexual communication - solicitation to expose/observe (subsection (1)) — Applies when the actor, in a position of trust, violates subsection (1) by enticing a minor to expose intimate parts or observe the actor's intimate parts via electronic communication.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Unlawful electronic sexual communication - solicitation to expose/observe (subsection (1)) — Applies when the actor, in a position of trust, violates subsection (1) by enticing a minor to expose intimate parts or observe the actor's intimate parts via electronic communication.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Unlawful electronic sexual communication - solicitation to expose/observe (subsection (1)) — Applies when the actor, in a position of trust, violates subsection (1) by enticing a minor to expose intimate parts or observe the actor's intimate parts via electronic communication.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 12 months to 18 months (Unlawful electronic sexual communication - explicit description and invitation to meet (subsection (2)), base offense — Applies when the actor, in a position of trust, violates subsection (2) by describing explicit sexual conduct and inviting the minor to meet, without intent for sexual exploitation or contact.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Unlawful electronic sexual communication - explicit description and invitation to meet (subsection (2)), base offense — Applies when the actor, in a position of trust, violates subsection (2) by describing explicit sexual conduct and inviting the minor to meet, without intent for sexual exploitation or contact.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Unlawful electronic sexual communication - explicit description and invitation to meet (subsection (2)), base offense — Applies when the actor, in a position of trust, violates subsection (2) by describing explicit sexual conduct and inviting the minor to meet, without intent for sexual exploitation or contact.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 1 years to 3 years (Unlawful electronic sexual communication - explicit description and invitation to meet with intent for sexual exploitation or contact — Applies when the violation of subsection (2) is committed with the intent to meet the minor for the purpose of sexual exploitation or sexual contact.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Unlawful electronic sexual communication - explicit description and invitation to meet with intent for sexual exploitation or contact — Applies when the violation of subsection (2) is committed with the intent to meet the minor for the purpose of sexual exploitation or sexual contact.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Unlawful electronic sexual communication - explicit description and invitation to meet with intent for sexual exploitation or contact — Applies when the violation of subsection (2) is committed with the intent to meet the minor for the purpose of sexual exploitation or sexual contact.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2018-07-01.
How is unlawful electronic sexual communication classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful electronic sexual communication - solicitation to expose/observe (subsection (1)) | class 6 felony | Applies when the actor, in a position of trust, violates subsection (1) by enticing a minor to expose intimate parts or observe the actor's intimate parts via electronic communication. | 18-3-418(4)(a) |
| Unlawful electronic sexual communication - explicit description and invitation to meet (subsection (2)), base offense | class 6 felony | Applies when the actor, in a position of trust, violates subsection (2) by describing explicit sexual conduct and inviting the minor to meet, without intent for sexual exploitation or contact. | 18-3-418(4)(b) |
| Unlawful electronic sexual communication - explicit description and invitation to meet with intent for sexual exploitation or contact | class 5 felony | Applies when the violation of subsection (2) is committed with the intent to meet the minor for the purpose of sexual exploitation or sexual contact. | 18-3-418(4)(b) |
Common questions about unlawful electronic sexual communication in Colorado
Is unlawful electronic sexual communication a felony or a misdemeanor in Colorado?
It depends on the circumstances: unlawful electronic sexual communication ranges from a class 6 felony to a class 5 felony in Colorado under C.R.S. § 18-3-418.
Unlawful electronic sexual communication - solicitation to expose/observe (subsection (1)): class 6 felony (C.R.S. § 18-3-418(4)(a)) · Unlawful electronic sexual communication - explicit description and invitation to meet (subsection (2)), base offense: class 6 felony (C.R.S. § 18-3-418(4)(b)) · Unlawful electronic sexual communication - explicit description and invitation to meet with intent for sexual exploitation or contact: class 5 felony (C.R.S. § 18-3-418(4)(b))
What are the penalties for unlawful electronic sexual communication in Colorado?
Penalties for unlawful electronic sexual communication in Colorado depend on how it is classified — from a class 6 felony up to a class 5 felony — with the ranges set by C.R.S. § 18-1.3-401; the full table of ranges by variant is published on this page.
Which Colorado statute covers unlawful electronic sexual communication?
Unlawful electronic sexual communication is governed by C.R.S. § 18-3-418 (Unlawful electronic sexual communication - person in a position of trust - definitions).
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.