Unlawful Sexual Contact is one of the few sex offenses in Fort Collins and Larimer County that is charged as a misdemeanor. However, there are certain circumstances that allow for the Unlawful Sexual Contact charge to be a felony. A Colorado Springs man was recently arrested and charged with three felony counts of Unlawful Sexual Contact. According to the report, the man was using a private office to provide massage therapy, only he wasn’t licensed at the time. Apparently, allegations spanning several years were investigated and multiple victims came forward. Let’s take a closer look at this law to see why the man is facing the felony charges.
Larimer County Unlawful Sexual Contact Lawyer: Felony Unlawful Sexual Contact in Colorado
The Larimer County, Colorado law definition of Unlawful Sexual Contact – C.R.S. 18-3-404 – is:
(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
(e) Repealed.
(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.
The man was likely charged under subsection (g). While it was not disclosed in the article, it’s not a far leap to assume that his ‘clients’ made allegations of inappropriate touching while they were getting their massages.
Sentence for Felony Unlawful Sexual Contact in Loveland and Estes Park
In Fort Collins, Loveland and Estes Park, felony Unlawful Sexual Contact is charged when the following circumstances apply:
- The actor compels the victim to submit by use of such force, intimidation, or threat; or
- The actor engages in the conduct described in paragraph (g).
The massage is considered a medical treatment, so any allegations of inappropriate touching would result in a felony charge. It would also be a felony if the person accused held down their victim or threatened them while inappropriately touching them.
If you or someone you love has been charged with felony 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.
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