Is Sexual Assault a Felony in Colorado?

November 19, 2025

A knock on the door. A police officer. A charge you never thought you’d face. In that moment, one question echoes louder than the rest: Is sexual assault a felony in Colorado?

In many cases, Colorado law classifies sexual assault charges as felonies. However, each case can vary significantly. Several factors influence how your case is charged and the penalties you may face. Below, we explain Colorado’s sexual assault laws and how we can help you defend against charges.

For a free consultation with an experienced Boulder, Colorado sexual assault defense lawyer, call (970) 219-2923 or send us an online message today.

Defining Sexual Assault 

Colorado defines sexual assault as knowingly inflicting sexual intrusion or penetration on another person without consent. Consent isn’t just about someone not saying “no.” It’s about a clear, willing, and informed agreement. 

When consent is missing, it can be due to:

• Force or threats. If a person is physically forced or threatened with harm, they cannot genuinely give their consent.
• Incapacity. If a person is unconscious, drugged, or otherwise unable to understand what’s happening, they can’t legally give consent.
• Abuse of power. This involves using your authority, position, or other forms of pressure to get someone to comply.

When sexual assault involves force, threats, incapacitation, or significant age differences between the people involved, it becomes a felony.

What Is Felony Sexual Assault in Colorado?

Colorado classifies felony sexual assault into degrees based on aggravating factors such as:

• Use of force or intimidation—using violence or threats for sexual activity;
• Injury or weapon use—inflicting bodily harm or using a deadly weapon;
• Incapacitated individuals—engaging in sexual activity with someone unable to consent due to drugs, alcohol, or a medical condition; and 
• Age differences—involving minors or authority figures, such as teachers or coaches.

Depending on these factors, sexual assault charges can range anywhere from a Class 2, 3, or 4 felony.

Sexual Assault Felony Classifications and Penalties

Colorado’s sexual assault felony classification system assigns penalties based on the seriousness of the conduct and resulting harm:

• Class 2 felony. In the most severe cases, those involving violence or serious injury, individuals may face 8 to 24 years in prison and fines up to $1 million.
• Class 3 felony. For cases involving force, threats, or incapacitation, penalties range from 4 to 12 years in prison and fines up to $750,000.
• Class 4 felony. Non-violent acts, such as those involving a lack of consent or specific age differences, are punishable by 2 to 6 years in prison and fines up to $500,000.

All felony sexual assault convictions also require mandatory sex offender registration and possible lifetime supervision.

When Is Sexual Assault a Misdemeanor in Colorado?

In most cases, sexual assault is not considered a misdemeanor under Colorado law. However, related offenses, such as unlawful sexual contact, may be charged as misdemeanors when there is no penetration or serious injury.

For example, inappropriate touching without consent could be treated as a Class 1 misdemeanor, punishable by up to 364 days in jail and fines up to $1,000. Even so, the stigma, probation conditions, and registration requirements can still be life-altering.

Is Sexual Abuse a Felony?

In Colorado, “sexual abuse” isn’t a specific statutory term, but it generally refers to conduct that falls under sexual assault or unlawful sexual contact laws. When the action involves force, coercion, or minors, it is typically categorized as a felony offense, carrying severe penalties and sex offender registration requirements.

Defenses Against Felony Sexual Assault Charges

Facing a sexual assault accusation can feel hopeless, but defense strategies exist. Every case depends on evidence, credibility, and context. 

Common defense approaches may include:

• Consent—demonstrating that the encounter was voluntary and mutual;
• False allegations—challenging motives, inconsistencies, or credibility of statements;
• Mistaken identity—questioning forensic evidence or witness reliability; and
• Violation of rights—excluding evidence gathered unlawfully during the investigation.

A strong defense can lead to reduced charges or even a dismissal.

Over Two Decades of Proven Defense

At Merson Law Office, LLC, attorney James Merson handles many cases, from misdemeanors to complex felony trials. Our firm combines compassion for clients with aggressive, strategic advocacy. We have achieved dismissals, acquittals, and charge reductions for individuals throughout Colorado. 

When facing a serious accusation like sexual assault in Colorado, the experience and judgment of your legal representation matter. Every decision you make from this point forward will have significant consequences. Are you still wondering, Is sexual assault a felony? Call us at (970) 219-2923 or reach us online today to discuss your options. We offer free consultations.

Frequently Asked Questions

Can a Sexual Assault Charge Be Reduced or Dismissed?

If evidence of consent, mistaken identity, or investigative errors exists, charges can sometimes be reduced or dismissed through negotiation or trial.

What Is the Statute of Limitations for Sexual Assault in Colorado?

For many felony sexual assault offenses, there is no statute of limitations, especially when DNA evidence identifies the alleged offender.

Resources:

• Sexual Assault on a Child, C.R.S. §18-3-405 (2025), link.
• Colorado Judicial Branch, Criminal Jury Instructions – Chapter 3: Unlawful Sexual Behavior, link.
• Denver District Attorney’s Office, Sexual Assault Overview, link

About the Author

James Merson

Attorney

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