Unlawful Sexual Contact is charged in Fort Collins, Loveland, Estes Park and across Larimer County when a person is accused of touching a person’s intimate parts without their consent. Just like with a Sexual Assault charge, Colorado lawmakers have a specific Unlawful Sexual Contact crime when law enforcement is involved – Unlawful Sexual Conduct by a Peace Officer. A Cripple Creek Police Officer was recently charged with multiple counts of this crime after he had an ‘inappropriate relationship’ with a named victim of a crime he was investigating. There was also mention of photos and videos of other women found on his phone that may have been posted to the internet, though it doesn’t mention any charges related to that. Unlawful Sexual Contact, without any aggravating factors, is a class 1 misdemeanor, but Unlawful Sexual Conduct by a Peace Officer is a high level felony.
Larimer County Unlawful Sexual Contact Lawyer: Definition of 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(e) Repealed.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.
Now, this statute does address a possible law enforcement officer’s action under subsection (f). But, the person subject to the sexual contact must be in custody or detained. Because the woman was a victim of a crime and not actually in custody, the officer is facing the more serious charge. As stated above, Unlawful Sexual Contact is a class 1 misdemeanor charge, however if certain aggravating factors apply, it can be charged as a class 4 felony.
Unlawful Sexual Conduct by a Peace Officer in Loveland and Estes Park
The Larimer County, Colorado law definition of Unlawful Sexual Conduct by a Peace Officer – C.R.S. 18-3-405.7 – is:
(a) In the same encounter, the peace officer contacts the victim for the purpose of law enforcement or contacts the victim in the exercise of the officer’s employment activities or duties;
(b) The peace officer knows that the victim is, or causes the victim to believe that he or she is, the subject of an active investigation, and the peace officer uses that knowledge to further the sexual contact, intrusion, or penetration; or
(c) In furtherance of sexual contact, intrusion, or penetration, the peace officer makes any show of real or apparent authority.
While not many details were disclosed, the sexual contact with the victim must have occurred while the officer was on duty and contacting the victim for the purpose of the investigation. It seems that law makers are addressing the potential issue with the officers being in a position of trust and potentially abusing that position for sexual purposes. Interestingly, the statute specifically states:
So, it doesn’t matter if the alleged victim specifically states that she consented to the contact. She could be an adult who actively participated in the act, but it wouldn’t matter according to this statute. Unlawful Sexual Conduct by a Peace Officer when the victim is subject to sexual contact is a class 4 felony. Unlawful Sexual Conduct by a Peace Officer when sexual intrusion or penetration is inflicted on the victim is a class 3 felony.
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. Together, we can protect your future.
Photo by Matthis Volquardsen