As used in this part 4, unless the context otherwise requires:
(1.5) "Consent" means cooperation in act or attitude pursuant to an exercise of free will and with knowledge of the nature of the act. A current or previous relationship shall not be sufficient to constitute consent under the provisions of this part 4. Submission under the influence of fear shall not constitute consent. Nothing in this definition shall be construed to affect the admissibility of evidence or the burden of proof in regard to the issue of consent under this part 4.
(1.7) "Diagnostic test" means a human immunodeficiency virus (HIV) screening test followed by a supplemental HIV test for confirmation in those instances when the HIV screening test is repeatedly reactive.
(2.4) "Medical-reporting victim" means a victim who seeks medical treatment services following a sexual assault but who elects not to participate in the criminal justice system at the time the victim receives medical services.
(2.5) "Pattern of sexual abuse" means the commission of two or more incidents of sexual contact involving a child when such offenses are committed by an actor upon the same victim.
(3.5) 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 child, including a guardian or someone otherwise responsible for the general supervision of a child's welfare, or a person who is charged with any duty or responsibility for the health, education, welfare, or supervision of a child, 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.
Source: L. 75: Entire part R&RE, p. 627, § 1, effective July 1. L. 83: (4) amended, p. 697, § 1, effective March 3; (3.5) added, p. 693, § 1, effective June 15. L. 86: (3.5) amended, p. 770, § 6 effective July 1. L. 88: (2) amended, p. 712, § 17, effective July 1. L. 89: (2.5) added, p. 903, § 1, effective June 1. L. 90: (3.5) amended, p. 1028, § 15, effective July 1. L. 92: (1.5) added, p. 322, § 3, effective July 1. L. 93: (2) and (4) amended, p. 1731, § 15, effective July 1. L. 2000: (1.7) added, p. 452, § 5, effective April 24. L. 2003: (1) amended, p. 1432, § 22, effective April 29. L. 2013: (2.4) added, (HB 13-1163), ch. 215, p. 895, § 1, effective May 13. L. 2019: (4) amended, (HB 19-1155), ch. 76, p. 279, § 1, effective July 1.
Editor's note: This section is similar to former § 18-3-409 as it existed prior to 1975.
Structure Colorado Code
Article 3 - Offenses Against the Person
Part 4 - Unlawful Sexual Behavior
§ 18-3-404. Unlawful Sexual Contact
§ 18-3-405. Sexual Assault on a Child
§ 18-3-405.3. Sexual Assault on a Child by One in a Position of Trust
§ 18-3-405.4. Internet Sexual Exploitation of a Child
§ 18-3-405.5. Sexual Assault on a Client by a Psychotherapist - Definitions
§ 18-3-405.6. Invasion of Privacy for Sexual Gratification
§ 18-3-405.7. Unlawful Sexual Conduct by a Peace Officer - Definition
§ 18-3-407.7. Sexual Assault Victim Emergency Payment Program - Creation - Eligibility
§ 18-3-407.9. Forensic Nurse Examiners - Telehealth Program - Creation - Appropriation
§ 18-3-408. Jury Instruction Prohibited
§ 18-3-408.5. Jury Instruction on Consent - When Required
§ 18-3-412.5. Failure to Register as a Sex Offender
§ 18-3-412.6. Failure to Verify Location as a Sex Offender
§ 18-3-413. Video Tape Depositions - Children - Victims of Sexual Offenses
§ 18-3-414. Payment of Treatment Costs for the Victim or Victims of a Sexual Offense Against a Child
§ 18-3-414.5. Sexually Violent Predators - Assessment - Annual Report - Definitions
§ 18-3-415. Testing for Persons Charged With Sexual Offense
§ 18-3-416. Reports of Convictions to Department of Education
§ 18-3-417. Reports of Sexual Assault by Applicants, Registrants, or Licensed Professionals
§ 18-3-418. Unlawful Electronic Sexual Communication - Person in a Position of Trust - Definitions