Unlawful sexual contact charges in Denver and its neighboring cities aren’t uncommon, especially around the holidays. Company parties and any social events that involve drinking alcohol sometimes create a setting where people make poor choices or face false accusations. Especially impactful criminal charges often accompany a claim of unwanted groping or fondling. Consult a skilled sex crimes attorney right away if you’ve been accused of unwanted sexual contact in Colorado.
Colorado’s Unlawful Sexual Contact Law
C.R.S. 18-3-404 defines the specific elements of unlawful sexual contact in the state of Colorado:
- “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 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- (e) Repealed.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.”
As you can see, there are several entities to unlawful sexual contact in Denver, Lodo, and Stapleton. Many different settings and actions can lead to criminal penalties.
Is Unlawful Sexual Contact a Felony in Denver?
Unwanted touching of intimate parts is most often a class 1 misdemeanor in Colorado. However, it is also an extraordinary risk crime, amplifying potential penalties. Conviction of unlawful sexual contact can result in:
- 6 – 24 months in county jail,
- and / or fines of up to $5,000
If the sexual contact in these cases was achieved via threat, intimidation, force, or drugging, a felony applies. Potential consequences include:
- 2 – 8 years in the Colorado Department of Corrections,
- fines of up to $500,000
Whether convicted of misdemeanor or felony unlawful sexual contact, another damaging element is the requirement to register as a sex offender. This can drastically alter your life, possibly leading to significant employment issues, trouble finding adequate housing, and harsh misconceptions from family, friends, and neighbors.
Denver’s Best Sex Crimes Attorneys
With so much on the line, it is essential that you contact Denver’s best sex crimes attorneys if an accusation or charge is looming. Perhaps the contact was accidental, the other person consented, or the touching wasn’t for sexual gratification. Nevertheless, contact our office today for a free initial consultation. We offer same-day jail visits, affordable fees, and flexible payment plans for those facing allegations throughout Colorado.
If you or someone you know is facing unlawful sexual contact charges, be smart. Contact the strategic Defense Attorneys at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future.
Photo by Inga Seliverstova