Both Harassment and Unlawful Sexual Contact are touching crimes in Greeley and Weld County. Touching another person’s intimate parts without their consent is charged as Unlawful Sexual Contact whereas a slapping, kicking, or touching someone in any other way is charged as Harassment. A man was recently accused of groping a woman sitting next to him on a plane and then exposing himself to urinate on the seat in front of him. When we hear the word groping, we usually think that it was sexually inappropriate, but the report claims that the man touched the sleeping woman’s fingers and then her legs twice. Doesn’t matter his intent – the contact wasn’t related to intimate parts, so Harassment would have been the charge.
Weld County Unlawful Sexual Contact Lawyer: Definition of Unlawful Sexual Contact
The Weld, Morgan, and Logan 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(e) Repealed.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.
Most often, people are charged under subsection (a). We often see these types of cases when someone touches another’s butt or breasts without permission. We also see this charge commonly when harsher allegations have been made like Sexual Assault and the DA will tag on the Unlawful Sexual Contact to make the case seem even more severe.
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 970-616-6009 today. Together, we can protect your future.
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