A recent case out of Colorado serves as a sobering reminder of how seriously Colorado courts treat Unlawful Sexual Contact and how quickly a professional career and personal reputation can unravel after an arrest.
According to Westword, a Highlands Ranch massage therapist and former high school wrestling coach, was convicted of one count of Unlawful Sexual Contact after two clients accused him of inappropriate touching during sessions. He was sentenced to 45 days in jail, 24 months of probation, and mandatory sex offender treatment. The judge noted at sentencing that despite expressions of remorse, Duran appeared to believe he had done nothing wrong, a posture the court found deeply troubling. His massage license was suspended by the state, and his coaching career ended.
Cases involving Unlawful Sexual Contact arise in many contexts across Colorado, not just massage therapy. If you or someone you know is facing these charges in Fort Collins, Loveland, Estes Park, Berthoud, Timnath, Windsor, Wellington, or anywhere else in Larimer County, understanding the law and acting quickly are both essential.
Fort Collins Unlawful Sexual Contact Attorney: What Is Unlawful Sexual Contact Under Colorado Law?
Colorado Revised Statute § 18-3-404 defines Unlawful Sexual Contact as knowingly subjecting another person to sexual contact without their consent, or under circumstances where the victim cannot consent. “Sexual contact” means the knowing touching of intimate parts, including the genitals, buttocks, or breasts, for the purpose of sexual arousal, gratification, or abuse.
How Is Unlawful Sexual Contact Charged and Penalized in Loveland, Colorado?
Unlawful Sexual Contact is typically charged as a Class 1 misdemeanor, carrying up to 364 days in jail and fines up to $1,000. However, aggravating circumstances can elevate the charge dramatically:
- If the victim was physically helpless, incapacitated, or in the care of the defendant – Class 4 felony, 2 to 6 years in prison
- If the offense involved the use of force or threats — Class 4 felony
Beyond incarceration and fines, a conviction carries mandatory sex offender registration under the Colorado Sex Offender Registration Act, sex offender treatment requirements, and potential lifetime supervision. Professional licenses, in fields like healthcare, education, law, or real estate, are typically suspended or revoked following conviction.
Unlawful Sexual Contact Investigations in Larimer County
The Larimer County Sheriff’s Office, the Fort Collins Police Services, the Loveland Police Department, and agencies in communities like Berthoud, Timnath, Wellington, and Estes Park all investigate allegations of Unlawful Sexual Contact. These investigations often move quickly and quietly. Many people are arrested before they’ve had any opportunity to speak with an attorney.
In Larimer County, these cases are prosecuted by the 8th Judicial District Attorney’s Office in Fort Collins. The DA’s office handles sexual offense allegations with a dedicated unit, and prosecutors are trained to build cases using victim testimony, digital communications, licensing records, surveillance footage, and expert witnesses.
A key point: an arrest does not equal a conviction. The case above illustrates this as he was acquitted on one of the two counts filed against him. The prosecution bears the burden of proving every element of the offense beyond a reasonable doubt.
Charged in Fort Collins, Loveland, or Anywhere in Larimer County?
Unlawful Sexual Contact charges can upend your life before a single day of trial. A conviction carries not just prison time, but mandatory registration, treatment, and professional consequences that follow you for years. The sooner an experienced criminal defense attorney is involved, the more options you have.
If you or someone you love has been charged with Unlawful Sexual Contact, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
Photo by Ketut Subiyanto