Restraining Orders

For the purposes of getting a protection order, “sexual assault” or “sexual abuse” means any act, attempted act, or threatened act of unlawful sexual behavior, which is defined as:

1. committing any of the following crimes; or
2. a criminal attempt, conspiracy, or solicitation to commit any of the following crimes:

• sexual assault, sexual assault on a child, including sexual assault by someone in a position of trust, or sexual assault on a client by a psychotherapist;
• unlawful sexual contact;
• enticement of a child;
• incest or aggravated incest;
• human trafficking of a minor for sexual servitude;
• sexual exploitation of children or procurement of a child for sexual exploitation;
• indecent exposure;
• soliciting for child prostitution, pandering of a child, procurement of a child, keeping a place of child prostitution, pimping of a child, inducement of child prostitution, patronizing a prostituted child;
• internet luring of a child (class 4 felony only);
• internet sexual exploitation of a child;
• public indecency (only if the conditions in section(2)(b) are met and if a second offense is committed within five years of the previous offense or a third or subsequent offense is committed);
• invasion of privacy for sexual gratification;
• unlawful electronic sexual communication by a person in a position of trust; or
• unlawful sexual conduct by a peace officer.¹

Note: Included in the definition of sexual assault is what is commonly known as “statutory rape” where the sexual act is consensual, the parties are not married, and the victim is:

• under 15 and the offender is at least four years older than the victim; or
• under 17 and the offender is at least 10 years older than the victim.²

Exception: if the couple is married to each other, and the sexual act is consensual, it does not qualify as statutory rape.³

¹ Colo. Rev. Stat. §§ 13-14-101(2.9); 16-11.7-102(3)
² Colo. Rev. Stat. § 18-3-402(1)(d)-(e)