Here are some frequently asked about Unlawful Sexual Contact charges and cases in Fort Collins, Loveland and Estes Park.
What is Unlawful Sexual Contact in Larimer County, 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
(e) Repealed.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.
What is Considered Sexual Contact in Colorado?
In order to understand this statute, there are some important definitions to know. One is ‘sexual contact.’ According to Colorado law, ‘sexual contact’ means:
(b) 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
(c) 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.
The second important term in this statute is ‘intimate parts.’ ‘Intimate parts’ means the external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person.
What is the Penalty for Unlawful Sexual Contact in Colorado, Fort Collins, and Loveland?
When someone is charged with Unlawful Sexual Contact in Colorado, they are usually facing a class 1 misdemeanor sex offense charge. This level crime is punishable by up to 364 days in the Larimer County Jail and up to $1,000 in fines. However, there are circumstances where Unlawful Sexual Contact can be charged as a felony. If the person accused used force, threats or intimidation, or if the person is charged under subsection (g), then it is a class 4 felony charge.
What are Colorado Contact Sexual Offenses?
In Fort Collins, Loveland and across Colorado, sexual offenses can be categorized as a contact or a non-contact sexual offense. A conviction for a non-contact or contact sexual offense will require a period of registering as a sex offender, some require lifetime registration. A contact sexual offense is an offense where there is physical sexual contact, like Unlawful Sexual Contact or Sexual Assault. There must be some form of unwanted or inappropriate physical contact. Non-contact sexual offenses are those where there is no physicality, but there is still what is considered sexually deviant behavior involved, like Sexual Exploitation of a Child (Child Pornography) or Invasion of Privacy for Sexual Gratification.
What are Examples of Unlawful Sexual Contact in LArimer County?
Here are a few examples of Unlawful Sexual Contact cases in Loveland and Estes Park:
- A man is out drinking with his friends and sees an attractive woman at the bar. He begins talking to her and she does not reciprocate his interest. Before walking away, the man reaches out and grabs the woman’s butt without her consent. The woman reports the incident to the Loveland Police and the man is arrested and charged with Unlawful Sexual Contact under subsection (a) – no consent.
- A man and woman were matched on a dating app and begin talking back and forth. The conversation goes well, so the man invites the woman to his house. She comes over and he begins encouraging her to take shots with him. She gets extremely drunk and passes out on the couch. She wakes up to the man with his hands under her shirt, touching her breasts. She immediately leaves and calls the Larimer County Sheriff. The man is arrested and charged with Unlawful Sexual Contact under subsection (c) – physically helpless.
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. We also practice in Greeley and Weld County. Click HERE to visit our Weld County website. Together, we can protect your future.
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