Sexual Assault on a Child by One in a Position of Trust is charged in Fort Collins and Larimer County when a person is accused of having sexual contact with someone under 18 years old and the person is in a position of trust in respect to the victim. A former Boy Scout leader was recently charged with this crime after a 14-year-old boy reported an inappropriate incident. According to the report, the man was a family friend and took the boy with him to a hotel. After, the boy reported that he was sexually assaulted.
Larimer County Sexual Assault on a Child – Position of Trust: The Colorado law definition
The Larimer County, Colorado law definition of Sexual Assault on a Child by One in a Position of Trust – C.R.S. 18-3-405.3 – is:
Position of trust can be proven in many different roles. Obviously, teachers, pastors, law enforcement, counselors, and other professions are where there is access to children in some sort of supervisory role are considered an automatic position of trust because of their role in the child’s life. But other people would count as well – family members, babysitters, activity leaders, family friends, etc.
Sentence for Sexual Assault on a Child by One in a Position of Trust in Loveland and Estes Park
In Fort Collins, Loveland and Estes Park, Sexual Assault on a Child – Position of Trust is a class 3 felony if:
(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). Prosecution for any incident of sexual contact constituting the offense or any incident of sexual contact constituting the pattern of sexual abuse may be commenced and the offenses charged in an information or indictment in a county where at least one of the incidents occurred or in a county where an act in furtherance of the offense was committed.
It is a class 4 felony if:
Because of the age of the boy in the story above, the man would be facing the class 3 felony and would be subject to indeterminate sentencing. This means the court would determine the minimum amount of time the person has to serve in prison, but they could be kept for up to life.
If you or someone you love has been charged with Sexual Assault on a Child by One in a Position of Trust, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule your free initial consultation. Together, we can protect your future.
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