Touching someone’s intimate parts without their consent is charged as Unlawful Sexual Contact in Fort Collins and Larimer County. Very easily, an Unlawful Sexual Contact allegation can become Sexual Assault. If there are any allegations of penetration, Unlawful Sexual Contact is easily escalated to Sexual Assault charges. For example, say a man put his hands down a woman’s pants after she told him not to. He admits that he touched her, but did not go any further. She claims that the touch went beyond that. Likely, the man would be facing Sexual Assault charges.
Larimer County Unlawful Sexual Contact Lawyer: Definition of Unlawful Sexual Contact in Boulder
The Larimer and Boulder County, Colorado law definition of Unlawful Sexual Contact, as it relates to the case above – C.R.S. 18-3-404 – is:
(1) Any actor who knowingly subjects a victim to any sexual contact commits unlawful sexual contact if:
(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
(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(e) Repealed.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.
As a class 1 misdemeanor extraordinary risk crime, Unlawful Sexual Contact is punishable by 6 to 24 months in the Larimer County Jail and up to $5,000 in fines.
Sexual Assault Attorney in Loveland and Estes Park: Definition of Sexual Assault
In Fort Collins, Loveland, and Estes Park, Sexual Assault – C.R.S. 18-3-402 – as described in the case above, is defined as:
(1) Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:
(a) The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim’s will; or
(b) The actor knows that the victim is incapable of appraising the nature of the victim’s conduct; or
(c) The actor knows that the victim submits erroneously, believing the actor to be the victim’s spouse; or
(d) At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or
(e) At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim; 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 to coerce the victim to submit, unless the act is incident to a lawful search; or
(g) The actor, while purporting to offer a medical service, engages in treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices; or
(h) The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented.
It doesn’t matter how slight the intrusion or penetration is. Penetration in any form is charged as Sexual Assault.
If you or someone you love has been charged with Unlawful Sexual Contact or Sexual Assault, 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 your free consultation or set up a jail visit. Together, we can protect your future.
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