Pueblo, CO asked in Criminal Law for Colorado

Q: What element are needed to prove criminal attempt to commit sexual assault in Colorado General intent or Specific intent

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1 Lawyer Answer
Douglas T. Cohen
Douglas T. Cohen
  • Criminal Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: The short answer is: Sexual assault has an element of the mental state of "knowingly" crime, even if an attempt v actual sex assault. "Knowingly" is a general intent crime.

To be "specific intent" the mental state usually has to be "with intent" or "intentionally." If the charge is "sexual contact", or "sexual contact" involving a child, it is still "knowingly" and but the prosecution has to prove the additional element that the sexual contact was for the "purpose" of sexual gratification, arousal or abuse. So there is a quasi-intent piece to it, but it is still a general intent, knowingly crime.

If you are asking, by this question, if voluntary intoxication in commission of the crime, is an affirmative defense to a sex assault charge, or attempt, the answer is no. But evidence of intoxication may still be admissible in terms of whether the prosecution can prove the act was done knowingly.

I hope this helps.

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