Colorado statute

C.R.S. § 18-3-418 — Unlawful electronic sexual communication - person in a position of trust - definitions.

Current through 2025 Regular Session

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

Criminal charges under this statute

Unlawful electronic sexual communication

Full text of C.R.S. § 18-3-418

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. § 18-3-418Primary source, current through the 2025 Regular Session

(1) An actor commits unlawful electronic sexual communication if the actor knowingly importunes, invites, or entices through communication via a computer network or system, telephone network, or data network or by a text message or instant message a person whom the actor knows or believes to be fifteen years of age or older but less than eighteen years of age and at least four years younger than the actor, and the actor committing the offense is one in a position of trust with respect to that person, to: (a) Expose or touch the person's own or another person's intimate parts while communicating with the actor via a computer network or system, telephone network, or data network or by a text message or instant message; or (b) Observe the actor's intimate parts via a computer network or system, telephone network, or data network or by a text message or instant message. (2) An actor commits unlawful electronic sexual communication if the actor knowingly communicates over a computer or computer network, telephone network, or data network or by a text message or instant message to a person the actor knows or believes to be fifteen years of age or older but less than eighteen years of age and at least four years younger than the actor and, in that communication or in any subsequent communication by computer or computer network, telephone network, or data network or by text message or instant message, describes explicit sexual conduct as defined in section 18-6-403 (2)(e) and, in connection with that description, makes a statement persuading or inviting the person to meet the actor for any purpose, and the actor committing the offense is one in a position of trust with respect to that person. (3) As used in this section, unless the context otherwise requires: (a) "Explicit sexual conduct" has the same meaning as section 18-6-403 (2)(e). (b) "In connection with" means communications that further, advance, promote, or have a continuity of purpose and may occur before, during, or after the invitation to meet. (c) "Position of trust" has the same meaning as section 18-3-401 (3.5). (4) (a) Unlawful electronic sexual communication in violation of subsection (1) of this section is a class 6 felony. (b) Unlawful electronic sexual communication in violation of subsection (2) of this section is a class 6 felony; except that unlawful electronic sexual communication is a class 5 felony if committed with the intent to meet for the purpose of engaging in sexual exploitation as defined in section 18-6-403 or sexual contact as defined in section 18-3-401.

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.