Unlawful Sexual Contact, C.R.S. 18-3-404, is sometimes charged as a class 4 felony and Crime of Violence at the Larimer County Courts in Fort Collins. Usually, this sex offense is charged as a class 1 misdemeanor. However, if the defendant allegedly used force, threats, or intimidation to force the victim to submit to the contact, it is instead charged as a felony and Crime of Violence. Not only does this entail a mandatory Colorado DOC sentence, but the defendant will also face an indeterminate sentence. This means that there is no release date, and the defendant will be incarcerated indefinitely if convicted.
If you’ve been charged with Unlawful Sexual Contact, act fast, and contact our top Fort Collins criminal defense lawyers today to protect your future.
Colorado’s Law on Unlawful Sexual Contact, C.R.S. 18-3-404 at the Larimer County Courts
Colorado’s law on Unlawful Sexual Contact, C.R.S. 18-3-404, as it is charged at the Larimer County Courts, is as follows:
(a) The actor knows that the victim does not consent; or (b) The actor knows that the victim is incapable of appraising the nature of the victim’s conduct; or (c) The victim is physically helpless and the actor knows that the victim is physically helpless and the victim has not consented; or (d) The actor has substantially impaired the victim’s power to appraise or control the victim’s conduct by employing, without the victim’s consent, any drug, intoxicant, or other means for the purpose of causing submission; or (f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority, unless incident to a lawful search, to coerce the victim to submit; or (g) The actor engages in treatment or examination of a victim for other than bona fide medical purposes or in a manner substantially inconsistent with reasonable medical practices.
What are Crimes of Violence in Fort Collins, CO?
In Fort Collins, CO, Crimes of Violence are generally those in which the defendant:
- Threatened to use or used a deadly weapon, or
- Caused serious bodily injury to another person in the commission of the crime.
Crimes of Violence also include unlawful sexual offenses, such as Unlawful Sexual Contact, in which the defendant:
- Caused bodily injury (which can include just minor physical pain) to the victim, or
- Used force, threats, or intimidation to coerce the victim into submission.
Penalties for Unlawful Sexual Contact as a Crime of Violence in Loveland and Estes Park
While Unlawful Sexual Contact is usually a class 1 misdemeanor in Loveland and Estes Park, it can be charged as a class 4 felony + Crime of Violence if the defendant used force, threats, or submission to carry out the crime. Alternatively, it can be charged as a Crime of Violence if the defendant caused the victim bodily injury. Penalties for Unlawful Sexual Contact as a Crime of Violence include:
- An indeterminate sentence to the Colorado DOC; mandatory minimum of 5 years
- Possible ineligibility for parole
- Fine of $2,000 – $500,000
- Restitution to the victim
- Sex offender registration
- Sex offender treatment
If you have been charged with felony Unlawful Sexual Contact, you need to act now to protect your future. Contact one of our top Fort Collins criminal defense lawyers to represent you at the Larimer County Courts, and together, we can protect your future.
If you’ve been charged with Unlawful Sexual Contact, remember to be smart, and exercise your right to stay silent. Then call 970-658-0007 to discuss your case with a top Fort Collins and Loveland criminal defense lawyer from the O’Malley Law Office today. Together, we can protect your future.
The location for the Larimer County Justice Center is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Alex Green