Recently, I read an article about a male nurse getting arrested in Greeley for accusations that he had inappropriately groped female patients. The man was initially arrested in Fort Collins and made bail, only to get arrested on six new warrants in Weld County, all more of the same charges – Unlawful Sexual Contact. Since his initial arrest, numerous former patients have come forward accusing the man of inappropriately touching them while under his care. The man’s nursing license was suspended and he remains in custody as his bond was set at $100,000. The last line of the article reads, “Unlawful sexual contact is a Class 4 felony generally punishable by two to six years in prison.” That line is a little misleading. Let’s look at the statute to clear things up.
Weld County Unlawful Sexual Contact Lawyer’s Definition
The Colorado law definition of Unlawful Sexual Contact – C.R.S. 18-3-404 – is defined as:
- The actor knows that the victim does not consent; or
- The actor knows that the victim is incapable of appraising the nature of the victim’s conduct; or
- The victim is physically helpless and the actor knows that the victim is physically helpless and the victim has not consented; or
- 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
- 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
- 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.
Have you been charged with Unlawful Sexual Contact? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with Unlawful Sexual Contact? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Unlawful Sexual Contact Greeley Attorney Advises – Is it a Misdemeanor of Felony?
In Greeley, Windsor, and Berthoud, Unlawful Sexual Contact is generally a class 1 misdemeanor extraordinary risk crime, which is punishable by 6 to 24 months in the Weld County Jail. However, Colorado lawmakers have written into the law two exceptions. If the person charged used force, threats, or coercion to make the victim consent or if the person’s actions fall under part (g) above, the Unlawful Sexual Contact charge becomes a class 4 felony. Basically, only if the crime is considered violent or under the guise of medical purposes does it become a felony crime.
If you or someone you love has been charged with Unlawful Sexual Contact in Weld, Morgan, and Logan County, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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