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Current as of January 01, 2022 | Updated by FindLaw Staff
(1) A peace officer commits unlawful sexual conduct by a peace officer by knowingly engaging in sexual contact, sexual intrusion, or sexual penetration under any of the following circumstances:
(a) In the same encounter, the peace officer contacts the victim for the purpose of law enforcement or contacts the victim in the exercise of the officer's employment activities or duties;
(b) The peace officer knows that the victim is, or causes the victim to believe that he or she is, the subject of an active investigation, and the peace officer uses that knowledge to further the sexual contact, intrusion, or penetration; or
(c) In furtherance of sexual contact, intrusion, or penetration, the peace officer makes any show of real or apparent authority.
(2)(a) Unlawful sexual conduct by a peace officer under circumstances when the victim is subject to sexual contact is a class 4 felony.
(b) Unlawful sexual conduct by a peace officer under circumstances in which sexual intrusion or penetration is inflicted on the victim is a class 3 felony.
(3) For the purposes of this section, unless the context otherwise requires, “peace officer” means any person described in article 2.5 of title 16.
(4) It is not a defense to this section that the victim consented to the sexual contact, intrusion, or penetration.
(5) This section does not apply to sexual contact or intrusion that occurs incident to a lawful search.
Cite this article: FindLaw.com - Colorado Revised Statutes Title 18. Criminal Code § 18-3-405.7. Unlawful sexual conduct by a peace officer--definition - last updated January 01, 2022 | https://codes.findlaw.com/co/title-18-criminal-code/co-rev-st-sect-18-3-405-7/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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