In Fort Collins and Larimer County, Unlawful Sexual Contact is a sexual offense that can be charged as a misdemeanor or felony depending on the circumstances. Let’s take a closer look at this crime and how it is charged in Colorado,
Unlawful Sexual Contact Attorney in Fort Collins: How is Unlawful Sexual Contact Charged in Colorado
The Fort Collins, 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(e) Repealed.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.
(1.5) Any person who knowingly, with or without sexual contact, induces or coerces a child by any of the means set forth in section 18-3-402 to expose intimate parts or to engage in any sexual contact, intrusion, or penetration with another person, for the purpose of the actor’s own sexual gratification, commits unlawful sexual contact. For the purposes of this subsection (1.5), the term ”child“ means any person under the age of eighteen years.
Penalty for Unlawful Sexual Contact in Loveland: A Felony or Misdemeanor?
Without any aggravators, Unlawful Sexual Contact is a class 1 misdemeanor sex offense. This level misdemeanor is punishable by up to 364 days in the Larimer County Jail. The person would also be required to register as a sex offender. Unlawful Sexual Contact can also be charged as a class 4 felony if the following aggravators apply:
- if the actor compels the victim to submit by use of such force, intimidation, or threat; or
- if the actor engages in the conduct described in paragraph (g) of subsection (1) of this section or subsection (1.5).
Felony Unlawful Sexual Contact is an extraordinary risk crime. It is punishable by 2 to 8 years in the Colorado Department of Corrections.
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.
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