Sexual Assault vs. Unlawful Sexual Contact in Colorado: What’s the Difference?
Understanding the charges so you can understand your options.
Being investigated for a sex offense — or even hearing that someone made an accusation — is overwhelming. Most people don’t know the difference between sexual assault and unlawful sexual contact, and the laws are written in language that’s hard to understand unless you deal with these cases every day.
At Pav Law, we want you to have clear, honest information so you know what’s happening and what the possible outcomes look like.
The Short Version
- Sexual assault usually involves sexual penetration or intrusion and is almost always charged as a felony.
- Unlawful sexual contact involves sexual touching and is usually a misdemeanor, unless certain aggravating factors bump it up to a felony.
- Colorado has specific definitions of consent, sexual contact, sexual intrusion, and sexual penetration — and those definitions decide which charge applies.
Key statutes: C.R.S. §§ 18-3-402, 18-3-404, 18-3-401, 18-3-408.5.
What Colorado Means by These Terms
Sexual Assault — C.R.S. § 18-3-402
Colorado uses the term “sexual assault” for any situation involving sexual penetration or intrusion where consent was not given, could not be given, or where force, threats, or certain age differences apply.1
Even a very small amount of penetration counts under the law. This charge is almost always a felony, though the exact level depends on the facts.
Unlawful Sexual Contact — C.R.S. § 18-3-404
This charge applies when someone is accused of knowingly touching another person’s intimate areas without consent or in other prohibited circumstances.2
Most of the time, it’s charged as a Class 1 misdemeanor, but it can become a Class 4 felony if force, threats, medical pretext, or certain child-related situations are involved.3
Colorado’s Definitions — C.R.S. § 18-3-401
This is where the legal jargon lives, but here’s the simple version:4
- Consent means someone freely and voluntarily agrees. A past relationship, fear, or pressure does not equal consent.
- Sexual contact means touching intimate parts (even over clothing) for sexual arousal, gratification, or abuse.
- Sexual intrusion means inserting something other than a mouth, tongue, or penis into someone’s genital or anal opening.
- Sexual penetration means any amount of intercourse or penetration, even slight.
Side-by-Side: The Simple Breakdown
| Topic | Sexual Assault | Unlawful Sexual Contact |
|---|---|---|
| What’s alleged? | Penetration or intrusion | Touching |
| Usual charge level | Felony (Class 4, 3, or 2 depending on aggravators) | Misdemeanor (Class 1), or Class 4 felony if aggravated |
| Examples of aggravators | Force, threats, drugging, physical helplessness, serious injury | Force, threats, medical pretext, some child-related conduct |
| Key law | C.R.S. § 18-3-402 | C.R.S. § 18-3-404 |
How Prosecutors Decide Which Charge to File
Prosecutors usually start with two big questions:
- Was this touching or penetration/intrusion?
- Were there aggravating factors such as force, threats, incapacity, or a medical pretext?
If the allegation involves touching, the charge is typically unlawful sexual contact.
If the allegation involves any amount of penetration or intrusion, prosecutors almost always file sexual assault instead.
Every case is incredibly fact-specific. Small differences in what someone says happened can lead to very different charges.
Colorado’s Approach to Consent
Colorado law is very particular about how consent works:
- Consent must be voluntary and the person must understand what they are agreeing to.
- Consent cannot be implied just because people are dating or married.
- Submission out of fear is not consent.
In certain sex-offense cases, if either side requests it, the court must instruct the jury using the statutory definition of consent.5
Penalties in Plain English
Sexual Assault
Sexual assault is always a felony in Colorado, but the level can change based on factors like the use of force, threats, injury, weapons, or the age of the people involved.6
Consequences can include prison time, mandatory treatment, and sex-offender registration.
Unlawful Sexual Contact
Unlawful sexual contact usually starts as a Class 1 misdemeanor, but if there is force, threats, or certain other factors, it can be charged as a Class 4 felony and treated much more seriously under Colorado sentencing laws.7
Both charges can affect your freedom, your record, your job, and even where you are allowed to live.
What This Means If You’re Facing Allegations
People come to us at one of the most stressful moments of their lives — often confused, ashamed, or terrified. We understand that.
Here’s what we tell every client:
- These charges are defensible, but timing matters.
- What you say (or don’t say) early in the investigation can change everything.
- The difference between touching and penetration can mean the difference between a misdemeanor and a felony.
- Colorado’s definitions of consent and sexual conduct can matter a great deal, depending on the details.
You don’t have to navigate this alone, and you shouldn’t.
Call Pav Law
If you’re being investigated or charged with sexual assault or unlawful sexual contact, reach out as soon as possible. You deserve to feel informed, supported, and protected.
Contact Pav Law for a confidential consultation.
Sources (Colorado law and secondary references):
- C.R.S. § 18-3-402 — Sexual assault
- C.R.S. § 18-3-404 — Unlawful sexual contact
- Colorado Revised Statutes 18-3-404 — Classification details
- C.R.S. § 18-3-401 — Definitions (consent, sexual contact, intrusion, penetration)
- C.R.S. § 18-3-408.5 — Jury instruction on consent
- Churchill Criminal Defense — Sexual Assault (C.R.S. 18-3-402) overview
- Shouse Law — Unlawful Sexual Contact (C.R.S. 18-3-404) summary
This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Every case is different; speak with a lawyer about your specific situation.
