Unlawful Sexual Contact

Unlawful Sexual Contact in Colorado

Colorado Sexual Assault charges which are misdemeanors are classified at C.R.S. 18-3-404. Here are the specific statutory requirements your Colorado criminal lawyer will need to refute in order to defeat a misdemeanor Unlawful Sexual Contact charge in our state:

(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; 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) 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
(f) 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) 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. Child means a person under eighteen years of age.

(3) Any person who knowingly observes or takes a photograph of another person's intimate parts without that person's consent, in a situation where the person observed has a reasonable expectation of privacy, for the purpose of the observer's own sexual gratification, commits unlawful sexual contact. This paragraph (3) will be relocated and made the more serious crime of Invasion of Privacy for Sexual Gratification, C.R.S. 18-3-405.6, effective July 1, 2012.

This Charge Can Sometimes be Filed as a Felony Too

Unlawful Sexual Contact is a class one misdemeanor and is an extraordinary risk crime that is punishable by a jail sentence from six months to two years. Unlawful Sexual Contact is elevated to a class 4 felony if there are allegations that a person subjected another to any sexual contact by the use of force, intimidation, or threat; or if the offense involved paragraph (f) above; or if the offense involved a child as set forth in paragraph (2) above. This offense is a sex offense in Colorado, and if convicted, a person will need to complete the Sex Offender Registration in Colorado and be subject to the onerous requirements of sex offender treatment.

The main difference between this sexual offense, which is normally charged as a misdemeanor, and the Felony Sexual Offenses in Colorado, is the element of penetration. The misdemeanor version normally involves touching without penetration, or observing someone in a state of undress, without any touching. We see many of these cases when someone has been accused of window peeping / voyeurism, or of putting a hidden camera in a place where others undress.

As Colorado criminal defense lawyers and attorneys working in Denver County, Arapahoe County, Douglas County, Jefferson County, Weld County, Larimer County (Fort Collins), and Adams County, charges of Unlawful Sexual Contact often appear during a relationship break up. Sometimes they appear as part of an effort to gain an advantage in child custody proceedings (divorce). Our investigators will begin exploring the motive for these false accusations before the police can interview and influence potential witnesses.

You need an experienced and aggressive defense lawyer involved in your Unlawful Sexual Contact case immediately if you might be charged with this serious sexual offense. Don't gamble with your children, job, marriage and reputation. If you think you might be charged, be smart, exercise your right to remain silent, and call us immediately at 303-731-0719. Together, we can protect your future.

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Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.

Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.

Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.

Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.

Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.

Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.

Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.

Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.

Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado

Rape and Sexual Assault on a Child by Position of Trust. Dismissed by District Attorney during trial. Douglas County, Castle Rock, Colorado.

Animal Cruelty. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Domestic Violence, Elderly. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.

Felony Interference with Public Transportation (train system). Deferred Judgment & Dismissed. Douglas County, Castle Rock, Colorado.

Sexual Assault on a Child. Acquittal from jury trial. Grand County, Hot Sulphur Springs, Colorado.

Homicide (Murder), Deadly Weapon. Dismissed by District Attorney. Denver County, Denver, Colorado.

Commercial DUI. Dismissed at DMV. Deferred judgment and sentence at trial court. Larimer County, Fort Collins, Colorado.

Felony Marijuana Possession (large quantity). Deferred judgment and sentence. Denver County, Denver, Colorado.

4th Degree Arson. Dismissed by District Attorney. Weld County, Greeley, Colorado.

Felony Drug Possession. Dismissed at Motions Hearing by suppression of evidence. Denver County, Denver, Colorado.

Felony Assault on Police Officer. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Deregistration of Juvenile Sex Offender. Arapahoe County, Aurora, Colorado.

Felony Violation of Bail Bond Conditions. Dismissed by District Attorney. Broomfield County, Broomfield, Colorado.

Sexual Assault on a Child (3 alleged victims). Acquittal from jury trial. Adams County, Northglenn, Colorado.

Child Abuse. Deferred judgment and sentence. Jefferson County, Golden, Colorado.

DUI - Department of Motor Vehicles. Dismissed following hearing. Jefferson County, Lakewood, Colorado.

Child Abuse. Acquittal from jury trial. Adams County, Thornton, Colorado.