Unlawful Sexual Contact, C.R.S. 18-3-404, is charged in Fort Collins, CO when a person sexually touches another without the latter person’s consent. Often, we see this crime charged whenever two people consume a bit too much alcohol, making it easy to get a bit too “handsy” with each other. One person then has trouble remembering what happened the next day and accuses the other of nonconsensual sexual contact. We also frequently see this offense charged with Domestic Violence. This takes place when two people are in a romantic / intimate relationship, and one takes the physical touching too far. They may not have intended to cause harm or commit a crime, but they are given a DV sentence enhancer anyway. Whatever the circumstances, if you have been charged with this sex crime, don’t wait to contact a top criminal defense lawyer today.
1. Larimer County Court Definition of Unlawful Sexual Contact, C.R.S. 18-3-404
The Larimer County Court definition of Unlawful Sexual Contact, C.R.S. 18-3-404, is as follows:
(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.
2. What is “Sexual Contact” in Loveland and Estes Park?
In Loveland and Estes Park, “sexual contact” includes knowingly touching another person’s intimate parts. However, it can also include:
- Having that other person touch your own intimate parts.
- Touching any clothing covering the immediate area of the intimate parts.
- Ejaculating onto or causing any other bodily fluid to come into contact with any part of the other person, regardless of whether they are clothed, if the purpose of the contact was for sexual arousal.
Sexual contact is not per se unlawful, but it must be consensual. Engaging in such conduct without the other person’s permission is grounds for Unlawful Sexual Contact charges.
3. Larimer County Jail / Colorado DOC Time for Unlawful Sexual Contact in Fort Collins
Unlawful Sexual Contact can be a class 1 misdemeanor or class 4 felony in Fort Collins, depending on the circumstances. Depending on the charge, this can result in time at the Larimer County Jail or Colorado DOC, along with other penalties. See the table below:
| Circumstances | Classification | Penalties |
| Unlawful Sexual Contact without the use of force, intimidation, or threat, and without using medical services as a guide to sexually contact the victim | Class 1 misdemeanor / M1 |
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| Unlawful Sexual Contact committed with the use of force, threats, or intimidation, or by using medical examination or treatment as a guise to sexually touch the victim | Class 4 felony / F4 |
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Both misdemeanor and felony Unlawful Sexual Contact charges are dangerous to your future. Don’t wait, and contact a top criminal defense lawyer from the O’Malley Law Office today to represent you at the Larimer County Courts.
Have you been charged with Unlawful Sexual Contact? Be smart, and exercise your right to stay silent. Then call 970-658-0007 to discuss your charges with a top criminal defense lawyer today. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Tima Miroshnichenko