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Unlawful Sexual Contact is charged in Fort Collins and Larimer County when a person is accused of touching someone’s intimate parts without consent. Recently, a juvenile who had been convicted of Unlawful Sexual Contact, was exonerated of his charge after it was reviewed by the Colorado appellate court. And what was the argument? Intent. The Court determined that the juvenile’s actions did not show that there was a sexual intent, a necessary component to the Unlawful Sexual Contact crime. The court found that age and maturity level should be taken into consideration when looking at juvenile Unlawful Sexual Contact, or any sex related crimes for that matter.
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(e) Repealed.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.
Most commonly, we see this crime charged under subsection (a) – no consent. You will note that none of these subsections mention anything about intent. However, the definition of ‘sexual contact’ addresses that issue.
Unlawful Sexual Contact Attorney in Loveland and Estes Park: ‘Sexual Contact’ Intent According to Colorado Law
According to Colorado law, ‘Sexual Contact’ means:
(b) The knowing emission or ejaculation of seminal fluid onto any body part of the victim or the clothing covering any body part of the victim; or
(c) Knowingly causing semen, blood, urine, feces, or a bodily substance to contact any body part of the victim or the clothing covering any body part of the victim if that contact with semen, blood, urine, feces, or a bodily substance is for the purpose of sexual arousal, gratification, or abuse.
Part (a) and (c) specifically address intent. In order for a touch to be considered sexual contact, it needs to be contact with intimate parts AND for sexual gratification. Generally, in adult cases, most DAs and law enforcement assume the intent. They automatically assume that a man at a bar who walks by and grabs a girl’s butt did it for sexual purposes. However, for the 11-year-old referenced in the story above, the court ruled that there were no indications of sexual intent in the boy’s actions. It was reported that he was spinning around when he touched the 11-year-old girl’s butt and then also hit her in the chest with the back of his hand when she told him they weren’t friends anymore.
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 Camille Robinson