A Fort Collins police officer was immediately fired after Stalking allegations were filed against him. Now, facing his sentencing hearing in April, he has pled guilty to Stalking, Official Misconduct, and Unlawful Sexual Contact. While all the details of the case have not been released, it is known that a woman reported the officer for ‘inappropriate behavior.’ Apparently, the officer had used agency resources to locate where the woman worked and lived and then repeatedly contacted her at each of these locations. He initiated these contacts while he was on duty. When the Larimer County District Attorney charged the police officer, he was immediately fired from the force. He is currently out on bond and awaiting his sentencing where he is facing the consequences of one felony and two misdemeanors.
What is Stalking in Larimer County?
C.R.S 18-3-602 – Stalking – is defined by Colorado law as:
(a) Makes a credible threat to another person and, in connection with the threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship; or
(b) Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or
(c) Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. For purposes of this paragraph (c), a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress.
Stalking in Larimer, Boulder, or Jackson County is considered an extraordinary risk crime. As a class 5 felony, this crime is subject to the modified presumptive sentencing range of 1 to 4 years in the Department of Corrections (DOC) and $1,000 to $100,000 in fines.
What is Unlawful Sexual Contact in Fort Collins?
Colorado law defines C.R.S. 18-3-404 – Unlawful Sexual Contact – as:
(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.
While it is not known what exactly transpired to justify this charge, the woman probably claimed there was some sort of physical sexual contact to which she did not consent. The law defines “sexual contact” as the touching of intimate parts either over or under clothing for the purpose of sexual arousal, gratification, or abuse. In Fort Collins, Loveland, and Estes Park, Unlawful Sexual Contact is considered an extraordinary risk crime. Just like with Stalking, this crime is subject to the modified presumptive sentencing range. Unlawful Sexual Contact is a class 1 misdemeanor punishable with 6 to 24 months in Larimer County Jail and $500 to $5,000 in fines.
What is Official Misconduct?
C.R.S. 18-8-404 – First Degree Official Misconduct – is defined by Colorado law as:
(a) Commits an act relating to his office but constituting an unauthorized exercise of his official function; or
(b) Refrains from performing a duty imposed upon him by law; or
(c) Violates any statute or lawfully adopted rule or regulation relating to his office.
In this case, it could be argued he used databases with access to private information – an act related to his office – to cause harm to the woman. Although he did admit to using these databases, much of this information is available to the public. With the internet and social media, not much is a secret when it comes to looking for personal information about a person. Because he visited her while on duty and in uniform and used these databases, it is considered Official Misconduct, which is a class 2 misdemeanor, punishable with 3 to 12 months in Larimer or Boulder County Jail and up to $1,000 in fines.
If you or someone you love has been arrested for Stalking or Unlawful Sexual Contact, be smart, exercise your right to remain silent, and call the experienced attorneys from the O’Malley Law Office at (970) 658-0007 immediately. Together, we can protect your future.