Unlawful Sexual Contact is charged in Fort Collins and Loveland when a person is accused of touching another’s intimate parts without consent. A man was recently convicted of this crime after he took his case to trial. According to the article, the man was at a country club and hugged a bar employee. She said he groped her butt, while the man maintained he did not remember, but thought he just did a “‘coach-player’ butt tap.” The surveillance video told a different story. The man was sentenced to three years of probation and now has to register as a sex offender.
Larimer County Unlawful Sexual Contact Attorney: Colorado Law Definition of Unlawful Sexual Contact
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(e) Repealed.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.
The man above was charged under subsection (a) – no consent. An interesting element of consent under this statute is that it doesn’t specifically state that the actor must know the victim doesn’t consent. The victim may, in their head, be thinking that they don’t want the contact, but don’t say anything out loud or express that they don’t consent. After the fact, they report the contact and the actor can be charged.
Sentence for Unlawful Sexual Contact in Loveland
Unlawful Sexual Contact is a class 1 misdemeanor in Loveland and Fort Collins. This level misdemeanor is punishable by up to 364 days in the Larimer County Jail. A guilty plea or conviction will also require a minimum period of registering as a sex offender. Also, if certain aggravating factors apply, Unlawful Sexual Contact can be charged as a 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. Together, we can protect your future.
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