A Denver man was recently arrested and charged with Unlawful Sexual Contact on an At Risk Adult. He faces 6 counts of this charge after allegations that the man touched the intimate parts of two men who are considered at-risk. There have been two identified victims. The first is a 21-year-old male who was taking medication that addresses his learning disabilities. These medications make the at-risk man sleepy and it was alleged that he was inappropriately touched while sleeping. The second victim is a wheelchair bound man who is 26 years old. The defendant is in custody facing $50,000 bond in each case.
What is Unlawful Sexual Contact in Larimer County?
The 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.
Based on the information provided in the news report, the man was probably charged with this crime for violating parts (a), (b), and (c). Normally, Unlawful Sexual Contact is a class 1 misdemeanor and is considered extraordinary risk crime in Larimer, Boulder, and Jackson County. When the crime occurs against an at-risk adult, the punishment is more severe.
What is the Sentence for Unlawful Sexual Contact Against an At Risk Adult?
In Fort Collins, Loveland, and Estes Park, Unlawful Sexual Contact becomes a felony charge when it is committed against an At-Risk Adult – C.R.S. 18-6.5-103. If the defendant is accused of violating sections (a)-(f), it will be charged as a class 6 felony. This level felony is punishable by 12 to 18 months in the Colorado Department of Corrections. If the defendant is accused of violating section (g) or used force, threats, or intimidation during the act, he or she would face a class 3 felony which is punishable by 4 to 12 years in the Colorado Department of Corrections.
If you or someone you love has been charged with Unlawful Sexual Contact or any crime against an At-Risk Adult or At Risk Juvenile, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers from the O’Malley Law Office at 970-658-0007 today. Together, we can protect your future.
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