Sexual Assault on a Child by One in a Position of Trust in Weld County, is a very serious criminal charge. C.R.S. 18-3-405.3. The government and public are unforgiving when it comes to Sexual Assault on a Child. When a person touches a child sexually or has the child touch them, and the child is younger than 15 years old, they can be criminally charged with Sexual Assault of a Child. Recently in Thornton, a paraeducator who works with students and teachers was accused of the Sexual Assault of a middle school student. The educator was working with the student at the school when the alleged assault took place. If he is found guilty, he’ll face severe felony penalties including a lengthy time in prison, fines, and Registration as a Sex Offender. When you are facing a sex crime, it is important to have skilled criminal defense attorneys at your side in the Weld County Court. The attorneys at the O’Malley Law Office have over 30 years of experience defending Sex Crime cases. Below, our attorneys will discuss what you need to know about Sexual Assault of a Child by a Person of Trust in Weld County.
Greeley, Colorado, Definition of Sexual Assault of a Child by a Person of Trust, C.R.S. 18-3-405.3
In Greeley courts, the legal definition of Sexual Assault of a Child by a Person of Trust, C.R.S. 18-3-405.3, is:
(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), C.R.S., 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).
Who is a “Person in a Position of Trust” in Weld County?
A “Person in a Position of Trust” in Weld County is defined as:
One in a “position of trust” includes, but is not limited to, any person who is a parent or acting in the place of a parent and charged with any of a parent’s rights, duties, or responsibilities concerning a minor, including a guardian or someone otherwise responsible for the general supervision of a minor’s welfare, or a person who is charged with any duty or responsibility for the health, education, welfare, or supervision of a minor, including foster care, child care, family care, or institutional care, either independently or through another, no matter how brief, at the time of an unlawful act.
In the above story, the paraeducator would be a person of trust because he was responsible for the educational care and supervision of students while at work. It is important to note that Sexual Assault of a Child by a Person in a Position of Trust applies to children under 18 years of age, regardless of the difference in age between the minor and the person accused. This is different that Sexual Assault of a Child where it only applies if the child is 15 years old or younger and the defendant is at least 4 years older than the child. To find more about Sexual Assault of a Child, C.R.S. 18-3-405, in Weld County get help here.
Examples in Greeley, Colorado of a “Person in a Position of Trust” in, C.R.S. 18-3-405.3.
In Greeley, the role of a “Person in a Position of Trust” in, C.R.S. 18-3-405.3, can include:
- A parent
- A teacher
- Coach
- Doctor
- Religious advisor
- Tutor
- Babysitter
When you are responsible for a child in any way, and for any amount of time, you are a “Person in a Position of Trust.”
Sentence and Penalties for Sexual Assault on a Child by a Person in a Position of Trust in Weld County
In Weld County, the sentence for Sexual Assault on a Child, by One in a Position of Trust, is a class 4 felony if the victim is 15 years of age or older. The penalties for a class 4 felony are a minimum of 2-6 years in Colorado State Prison, and an indeterminate (lifetime) upper limit, along with a fine of $2,000-$500,000. It is a class 3 felony if: the victim is less than 15 years of age and / or the actor commits the offense as part of a pattern of sexual abuse. The penalties for a class 3 felony are 4-12 years in prison on the minimum, and an indeterminate upper limit, along with a fine of $3,000-$750,000. Additionally, penalties will include Sex Offender Intensive Supervision Probation and Registration as a Colorado Sex Offender. Indeterminate prison sentences are common among Colorado’s Sexual Assault crimes of any type. Indeterminate means that the court only gives a minimum number of years in prison, and the Parole Department gets to decide when you are ready for release.
Hire an Experienced Criminal Defense Attorney When Facing Sexual Assault of a Child in a Position of Trust Charge
The allegation of Sexual Assault of a Child by a Person in a Position of Trust, in Greeley, is devastating and can be life altering. Your life, reputation, and career rests on having an experienced attorney who knows what they are doing with complicated sexual assault laws. Our attorneys’ 30+ years of aggressively fighting for our clients with sex case charges is what can make the difference in your case. Your future needs to be in the hands of attorneys who care about you and have the skills to defend your case.
If you or a loved one is facing a Sexual Assault on a Child by a Person in a Position of Trust, never speak with police. Protect your future, by keeping quiet and calling the best Sexual Assault on a Child defense attorneys from the O’Malley Law Office at 970-616-6009. Together, we can protect your future.
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