Sexual assault is generally forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent. And although precise definitions and punishments vary from state to state, the criminal offense of aggravated sexual assault of a child includes the aggravating circumstance of the victim being a child under a certain age, as defined by the statute—which increases the severity of the crime.

In Colorado, sexual assault is defined under Colorado Revised Statutes Title 18 Criminal Code § 18-3-402. It includes any sexual penetration or intrusion, however slight, of another person without their consent. Consent must be given through cooperation in act or attitude as per the free will of the person, and not as a result of force, threat, or intimidation. Aggravated sexual assault in Colorado often involves additional factors that increase the severity of the offense, such as the use of a deadly weapon, causing serious bodily injury, or if the victim is particularly vulnerable. Specifically, when the victim is a child, the offense is categorized under 'Sexual Assault on a Child' as per § 18-3-405, and if the perpetrator is in a position of trust with respect to the child, it is further classified as 'Sexual Assault on a Child by One in a Position of Trust' under § 18-3-405.3. The age of the child victim is a critical factor, and the law provides for harsher penalties when the child is under a certain age, typically under 15, with the most severe penalties reserved for offenses against children under 12 years of age. These crimes are felonies and carry significant penalties, including lengthy prison sentences and mandatory sex offender registration.