Being accused of Unlawful Sexual Contact in Fort Collins, Loveland or Estes Park, is a serious matter that can drastically impact your personal and professional life. These charges often come with severe legal consequences, including possible jail time, mandatory registration as a sex offender, and long-term damage to your reputation, even before a conviction. As criminal defense attorneys, we know that allegations alone can be life-changing. That’s why it’s crucial to understand the various elements of Unlawful Sexual Contact.
What Is Unlawful Sexual Contact? A Larimer County Criminal Defense Lawyer Explains
Unlawful sexual contact typically refers to any intentional sexual touching without consent. 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(e) Repealed.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.
While specific definitions vary, the key elements usually include:
- Lack of consent from the alleged victim
- Intentional touching of intimate parts: defined as the external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person.
- No lawful justification for the contact
What are the Potential Penalties for Unlawful Sexual Contact Charges in Loveland and Estes Park?
Depending on the circumstances and state laws, unlawful sexual contact may be charged as a misdemeanor or a felony. The class 1 misdemeanor Unlawful Sexual Contact charge is punishable by up to 364 days in the Larimer County Jail. If a person is accused of using force, threats, or intimidation to enact the Unlawful Sexual Contact, or the charge was under subsection (g), then it would be a class 4 felony. The penalty for this level felony is 2 to 6 years in the Colorado Department of Corrections.