Colorado statute

C.R.S. § 18-3-405.7 — Unlawful sexual conduct by a peace officer - definition.

Current through 2025 Regular Session

Part of Part 4: UNLAWFUL SEXUAL BEHAVIOR, Colorado Revised Statutes.

Criminal charges under this statute

Unlawful sexual conduct by a peace officer

Full text of C.R.S. § 18-3-405.7

Statutory text current through the 2025 Regular Session. This is an officially sanctioned publication using the official text of the Colorado Revised Statutes; it is not the official statutes of the State of Colorado.

C.R.S. § 18-3-405.7Primary source, current through the 2025 Regular Session

(1) A peace officer commits unlawful sexual conduct by a peace officer by knowingly engaging in sexual contact, sexual intrusion, or sexual penetration under any of the following circumstances: (a) In the same encounter, the peace officer contacts the victim for the purpose of law enforcement or contacts the victim in the exercise of the officer's employment activities or duties; (b) The peace officer knows that the victim is, or causes the victim to believe that he or she is, the subject of an active investigation, and the peace officer uses that knowledge to further the sexual contact, intrusion, or penetration; or (c) In furtherance of sexual contact, intrusion, or penetration, the peace officer makes any show of real or apparent authority. (2) (a) Unlawful sexual conduct by a peace officer under circumstances when the victim is subject to sexual contact is a class 4 felony. (b) Unlawful sexual conduct by a peace officer under circumstances in which sexual intrusion or penetration is inflicted on the victim is a class 3 felony. (3) For the purposes of this section, unless the context otherwise requires, "peace officer" means any person described in article 2.5 of title 16. (4) It is not a defense to this section that the victim consented to the sexual contact, intrusion, or penetration. (5) This section does not apply to sexual contact or intrusion that occurs incident to a lawful search.

Official sources

Legal terms used in this section

Questions this section answers

Is unlawful sexual conduct by a peace officer a felony or a misdemeanor in Colorado?

It depends on the circumstances: unlawful sexual conduct by a peace officer ranges from a class 4 felony to a class 3 felony in Colorado under C.R.S. § 18-3-405.7.

Unlawful sexual conduct by a peace officer — sexual contact: class 4 felony (C.R.S. § 18-3-405.7(2)(a)) · Unlawful sexual conduct by a peace officer — sexual intrusion or penetration: class 3 felony (C.R.S. § 18-3-405.7(2)(b))

Which Colorado statute covers unlawful sexual conduct by a peace officer?

Unlawful sexual conduct by a peace officer is governed by C.R.S. § 18-3-405.7 (Unlawful sexual conduct by a peace officer - definition).

This reference is informational and is not legal advice.