In Loveland and Fort Collins, Unlawful Sexual Contact is charged when a person is accused of touching another person’s intimate parts without consent. Generally, Unlawful Sexual Contact is a misdemeanor sex offense, however, under certain circumstances, it is charged as a felony.
Unlawful Sexual Contact Charges in Larimer County: How is Unlawful Sexual Contact Charged 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
(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 most common subsection we see charged is (a) simple no consent. According to Colorado law, ‘sexual contact’ means:
- The knowing touching of the victim’s intimate parts by the actor, or of the actor’s intimate parts by the victim, or the knowing touching of the clothing covering the immediate area of the victim’s or actor’s intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse;
- 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
- 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.
Penalty for Unlawful Sexual Contact in Fort Collins: When is Unlawful Sexual Contact a Felony?
As stated above, Unlawful Sexual Contact is usually a class 1 misdemeanor sex offense. However, if aggravating factors apply, then it is a class 4 felony. There must an element of force, threats, or intimidation involved in the contact in order to be charged with the felony.