In Fort Collins and Larimer County, Unlawful Sexual Contact is charged when a person is accused of having sexual contact with someone without their consent. A police officer is facing multiple counts of this crime and also a Retaliation Against a Witness charge after he was investigated for inappropriate conduct. According to the report, a fellow officer reported that he had committed Unlawful Sexual Contact multiple times after a work holiday party when they were not on duty. There was an investigation and the accused officer threatened another officer for being a rat after he cooperated and provided information related to the accusations. While the specifics of his actions related to the sexual contact were not disclosed, he is facing two counts of felony Unlawful Sexual Contact because there was allegedly force involved.
Fort Collins Unlawful Sexual Contact Attorney: Definition of Felony Unlawful Sexual Contact in Colorado
The Fort Collins, 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(e) Repealed.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 officer was likely charged under subsection (a), knowing the victim did not consent. If there were multiple instances and alleged force, it’s likely that the woman made it clear that she did not consent to the contact.
Sentence for Felony Unlawful Sexual Contact in Loveland and Estes Park
Commonly, Unlawful Sexual Contact is charged as a class 1 misdemeanor. This is unless the following aggravating circumstances apply:
- If the actor compels the victim to submit by use of such force, intimidation, or threat; or
- if the actor engages in the conduct described in paragraph (g) of subsection (1) of this section.
If one of the aggravators apply, then it is a class 4 felony. The class 4 felony Unlawful Sexual Contact conviction is considered a crime of violence, which means that instead of facing the standard class 4 felony penalty range of 2 to 6 years in the Colorado Department of Corrections, there is an extended range for sentencing. As an extraordinary risk crime of violence, the felony Unlawful Sexual Contact conviction is subject to indeterminate sentencing for a sex offense.
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. We also have an office in Greeley – Weld County. CLICK HERE TO VISIT OUR WELD COUNTY WEBSITE. Together, we can protect your future.
Photo by Alex Green