Colorado
Colorado Age of Consent Laws: Statutes, Penalties and Reporting
Independently fact-checked against primary sources (last audited September 29, 2026). · 3 primary sources cited on this page. How we verify our legal content
Colorado's age-tiered sexual assault provisions stop below age 17, the position-of-trust offense covers any child under 18, and the provisions for younger persons are tiered by the child's age and a required age difference under C.R.S. § 18-3-402. A victim under 15 requires an actor at least four years older, and a victim 15 or 16 requires an actor at least ten years older.
To report a concern: if a child is in immediate danger, call 911. For Colorado, the CO4Kids site says it "focuses on educating the public about the signs of child abuse and neglect, while raising awareness about the Hotline (844-264-5437) to report concerns." The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) can help you figure out where and how to report. Online exploitation can be reported to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.
Information last verified on 2026-09-28. This article has not yet been reviewed by a licensed lawyer. It is legal-reference information, not legal advice.
This page covers Colorado's criminal statutes on sexual offenses involving minors. Federal law is summarized on the age of consent laws by state hub. The text was checked against the official 2024 Colorado Revised Statutes compilation published by the Colorado General Assembly, which is the newest official compilation available for this check.
This page describes the main age-based sexual offense statutes. Other Colorado statutes also protect minors, and one of them can apply even where none of the offenses described here does. For example, C.R.S. § 18-7-406 makes it a class 3 felony to engage in commercial sexual activity with a child under 18, with no age-difference element; SB26-015 renamed the offense from "patronizing a prostituted child" to "engaging in commercial sexual activity with a child" for offenses on or after July 1, 2026.
How Colorado law protects minors by age
Colorado's Title 18, Article 3 sets out sexual assault (section 18-3-402), sexual assault on a child (section 18-3-405) and sexual assault on a child by one in a position of trust (section 18-3-405.3). Each has its own age and relationship elements. The age tiers in sections 18-3-402 and 18-3-405 stop below 17; the position-of-trust offense in section 18-3-405.3 covers any child under 18.
Under 15
Under C.R.S. § 18-3-402(1)(d), it is sexual assault where "the victim is less than fifteen years of age and the actor is at least four years older than the victim". Sexual assault is a class 4 felony under subsection (2), except where subsections (3), (3.5), (4) or (5) apply.
Section 18-3-405 covers sexual contact: an actor who knowingly subjects another person to sexual contact commits sexual assault on a child if the victim is under 15 and the actor is at least four years older. It is a class 4 felony, and a class 3 felony where the actor applies force, threatens harm, or commits the offense as part of a pattern of sexual abuse.
Ages 15 and 16
Section 18-3-402(1)(e) covers a victim "at least fifteen years of age but less than seventeen years of age" where "the actor is at least ten years older than the victim". Under subsection (3), this is a class 6 felony.
Under 18: position of trust
Section 18-3-405.3 provides that an actor who knowingly subjects another person to sexual contact commits sexual assault on a child by one in a position of trust "if the victim is a child less than eighteen years of age and the actor committing the offense is one in a position of trust with respect to the victim." No age difference is required.
Summary table
| Victim's age | Conduct | Actor conditions | Grade | Cite |
|---|---|---|---|---|
| Under 15 | Sexual assault | At least 4 years older | Class 4 felony | 18-3-402(1)(d) |
| Under 15 | Sexual contact | At least 4 years older | Class 4 felony (class 3 with force, threats or pattern) | 18-3-405 |
| 15 or 16 | Sexual assault | At least 10 years older | Class 6 felony | 18-3-402(1)(e), (3) |
| Under 18 | Sexual contact | Actor is in a position of trust | Class 3 (under 15 or pattern) or class 4 (15 to 17) felony | 18-3-405.3 |
Age-difference provisions
In Colorado's offenses, the age differences (four years for a victim under 15, ten years for a victim 15 or 16) are written into the offense definitions as elements of the offense. The statute describes the offense as applying where the actor is at least that much older than the victim.
Positions of trust
Section 18-3-401(3.5) defines "one in a position of trust" to include a parent or person acting in the place of a parent, a guardian or someone otherwise responsible for the general supervision of a child's welfare, and a person charged with any duty or responsibility for the health, education, welfare or supervision of a child, including foster care, child care, family care or institutional care, "no matter how brief." Section 18-3-418 separately covers a person in a position of trust who uses electronic communication to entice a person 15 to 17 who is at least four years younger to expose or touch intimate parts or to view the actor's intimate parts, or who describes explicit sexual conduct to that person and invites the person to meet. It is a class 6 felony, or a class 5 felony where the actor intends to meet for sexual exploitation or sexual contact.
Penalties
Colorado grades each offense as a felony class. Ranges below are from the sentencing table in C.R.S. § 18-1.3-401 for offenses on or after July 1, 2020.
| Offense | Grade | Range as stated |
|---|---|---|
| Sexual assault, victim under 15 (402(1)(d)) | Class 4 felony | Presumptive range 2 to 6 years; fine $2,000 to $500,000 |
| Sexual assault on a child (405) | Class 4 felony; class 3 with force, threats or pattern | Class 4 as above. Class 3: presumptive range 4 to 12 years; fine $3,000 to $750,000; sentenced under section 18-1.3-406 |
| Sexual assault, victim 15 or 16, actor at least 10 years older (402(1)(e)) | Class 6 felony | Presumptive range 1 year to 18 months; fine $1,000 to $100,000 |
| Sexual assault on a child by one in a position of trust (405.3) | Class 3 (victim under 15, or pattern) or class 4 (victim 15 to 17, no pattern) | As for class 3 and class 4 above |
Section 18-1.3-401(1)(a)(V.5)(C) provides that a person sentenced for a sex offense as defined in section 18-1.3-1003(5), which lists sections 18-3-402, 18-3-405 and 18-3-405.3, "shall be sentenced pursuant to the provisions of part 10." Under section 18-1.3-1004, a sex offender sentenced to prison receives an indeterminate term of "at least the minimum of the presumptive range" and a maximum of the offender's natural life. Under section 18-1.3-1006(1)(b), parole for a sex offender convicted of a class 4 felony is an indeterminate term of at least ten years, and for a class 3 felony at least twenty years, up to the rest of the offender's life. Section 18-1.3-1004(1)(e) also sets longer minimum terms, for offenses under sections 18-3-402, 18-3-405 or 18-3-405.3, where the victim is under 12 and the actor is at least 18 and at least 10 years older and the act includes sexual intrusion or penetration: at least 10 to 16 years for a class 4 felony and at least 18 to 32 years for a class 3 felony, each to a maximum of natural life.
Sex offender registration
Colorado's registration law defines "unlawful sexual behavior" to include sexual assault under section 18-3-402, sexual assault on a child under section 18-3-405, and sexual assault on a child by one in a position of trust under section 18-3-405.3 (C.R.S. § 16-22-102(9), in Title 16). A person convicted under section 18-3-402(1)(e) "is eligible to petition for removal from the registry" under section 16-22-113(1)(b). That provision concerns registration only and does not change whether the conduct is an offense. Otherwise, a person convicted as an adult of sexual assault under section 18-3-402, sexual assault on a child under section 18-3-405, or sexual assault on a child by one in a position of trust under section 18-3-405.3 is not eligible to petition for removal and remains subject to registration for life (C.R.S. § 16-22-113(3)(b)).
Recent changes
The research for this page found no 2024 to 2026 enactment altering the age elements of sections 18-3-402, 18-3-405 or 18-3-405.3. Two 2025 and 2026 bills titled "Protections Against Child Rape" (HB25-1073 and SB26-111) concerned sentencing and were not enacted; the SB26-111 status page shows the Senate Judiciary Committee postponed it indefinitely on March 18, 2026. An exhaustive review of every 2025 and 2026 session law was not performed.
Where to report
If a child is in immediate danger, call 911. The Colorado Department of Human Services' CO4Kids site lists the statewide hotline as 844-CO-4-Kids (844-264-5437). The national Childhelp hotline and the NCMEC CyberTipline are listed in the box near the top of this page.
Disclaimer
This page is general legal information about Colorado criminal statutes as verified on 2026-09-28. It is not legal advice. Statutes change, summaries simplify, and the statute text controls. Anyone with a specific situation should consult a lawyer licensed in Colorado.
Related articles
Frequently Asked Questions
What does 'one in a position of trust' mean in Colorado's statute?
C.R.S. § 18-3-401(3.5) includes a parent or person acting in the place of a parent, a guardian or someone responsible for the general supervision of a child's welfare, and a person charged with any duty or responsibility for a child's health, education, welfare or supervision, including foster care, child care, family care or institutional care, no matter how brief.
Why does this page cite the 2024 statute compilation?
The 2024 Colorado Revised Statutes printout is the newest official compilation that could be opened for this check; the 2025 and 2026 printouts were not available. Session laws were checked for changes to the age elements, but not exhaustively.
Where can the statute text be read?
Each section cited on this page links to the official Colorado Revised Statutes PDF published by the Colorado General Assembly. The statute text controls over any summary.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Colorado Revised Statutes, Title 18: Criminal Code
§ 18-3-402Sexual assaultIn force
(1) Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if: (a) The actor causes sexual intrusion or sexual penetration knowing the victim does not consent; or (b) The actor knows that the victim is incapable of appraising the nature of the victim's conduct; or (c) The actor knows that the victim submits erroneously, believing the actor to be the victim's spouse; or (d) At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or (e) At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim; or (f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search; or (g) The actor, while purporting to offer a medical service, engages in treatment…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at olls.info
§ 18-3-405Sexual assault on a childIn force
(1) Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim. (2) Sexual assault on a child is a class 4 felony, but it is a class 3 felony if: (a) The actor applies force against the victim in order to accomplish or facilitate sexual contact; or (b) The actor, in order to accomplish or facilitate sexual contact, threatens imminent death, serious bodily injury, extreme pain, or kidnapping against the victim or another person, and the victim believes that the actor has the present ability to execute the threat; or (c) The actor, in order to accomplish or facilitate sexual contact, threatens retaliation by causing in the future the death or serious bodily injury, extreme pain, or kidnapping against the victim or another person, and the victim believes that the actor will execute the threat; or (d) The actor commits the offense as a part of a pattern of sexual abuse as described in subsection (1) of this section.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at olls.info
§ 18-3-405.3Sexual assault on a child by one in a position of trustIn force
(1) Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child by one in a position of trust if the victim is a child less than eighteen years of age and the actor committing the offense is one in a position of trust with respect to the victim. (2) Sexual assault on a child by one in a position of trust is a class 3 felony if: (a) The victim is less than fifteen years of age; or (b) The actor commits the offense as a part of a pattern of sexual abuse as described in subsection (1) of this section. No specific date or time need be alleged for the pattern of sexual abuse; except that the acts constituting the pattern of sexual abuse whether charged in the information or indictment or committed prior to or at any time after the offense charged in the information or indictment, shall be subject to the provisions of section 16-5-401 (1)(a), concerning sex offenses against children. The offense charged in the information or indictment shall constitute one of the incidents of sexual contact involving a child necessary to form a pattern of sexual abuse as defined in section 18-3-401 (2.5).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at olls.info
§ 18-3-404Unlawful sexual contactIn force
(1) Any actor who knowingly subjects a victim to any sexual contact commits unlawful sexual contact if: (a) The actor knows that the victim does not consent; or (b) The actor knows that the victim is incapable of appraising the nature of the victim's conduct; or (c) The victim is physically helpless and the actor knows that the victim is physically helpless and the victim has not consented; or (d) The actor has substantially impaired the victim's power to appraise or control the victim's conduct by employing, without the victim's consent, any drug, intoxicant, or other means for the purpose of causing submission; or (e) Repealed. (f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority, unless incident to a lawful search, to coerce the victim to submit; or (g) The actor engages in treatment or examination of a victim for other than bona fide medical purposes or in a manner substantially inconsistent with reasonable medical practices.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at olls.info
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Sources and References
- Colorado Revised Statutes 2024, Title 18 (sections 18-3-401, 18-3-402, 18-3-405, 18-3-405.3, 18-1.3-401, 18-1.3-1004)(content.leg.colorado.gov).gov
- Colorado Revised Statutes 2024, Title 16 (section 16-22-102, sex offender registration)(content.leg.colorado.gov).gov
- Colorado General Assembly: SB26-111 Protections Against Child Rape (status)(leg.colorado.gov).gov
- CO4Kids (Colorado Department of Human Services)(co4kids.org)