Unlawful Sexual Contact is charged in Fort Collins and Larimer County when a person has sexual contact with another and that person does not consent to the contact. A man was arrested and found guilty of this crime along with Assault after an issue with his wife was reported to police. The man filed an appeal on the case, where his attorney argued that using a belt to spank someone on the butt is not sexual contact because there is no actual body to body contact. The appellate court looked into what ‘touch’ actually means by law. They concluded that ‘touch’ includes the use of an object and that the spanking was to further the man’s sexual gratification, so Unlawful Sexual Contact would apply.
Larimer County Unlawful Sexual Contact Lawyer: Definition of Unlawful Sexual Contact Touch
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(e) Repealed.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 each subsection has its own requirements, the overall gist is that there is sexual contact and the other person either doesn’t or can’t consent.
Sentence for Unlawful Sexual Contact in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, Unlawful Sexual Contact is a class 1 misdemeanor extraordinary risk crime. This means is has harsher sentencing than a regular class 1 misdemeanor. The extraordinary risk class 1 misdemeanor is punishable by 6 to 24 months in the Larimer County Jail and up to $5,000 in fines. A conviction for this crime will also require a period of registering as a sex offender.
If you or someone you love has been charged with or accused of 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 your free initial consultation. Together, we can protect your future.
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