Unlawful Sexual Contact Lawyer in Greeley
In Greeley, our affordable sex crimes lawyers commonly see people accused of Unlawful Sexual Contact. Accidents happen, or feelings become hurt the day after sexual contact. Alcohol changes everyone’s perception. It is unfortunate how many people are wrongfully accused of Unlawful Sexual Contact. We have seen how "victims" allege this crime just as soon as our client has denied them a favor or our client has just ended the relationship with the 'victim.' Since there is usually no hard evidence that this crime has been committed, Greeley police are happy to hand out this charge.
What is Unlawful Sexual Contact, C.R.S. 18-3-404, in Weld County?
In Weld County, Greeley police officers will charge you with Unlawful Sexual Contact, C.R.S. 18-3-404, if you have been accused of this crime’s definition:
- 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.
(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.
However, it is vital that we understand what is constituted as 'Sexual Contact' in this statute. Colorado law defines 'sexual contact' as:
(b) The knowing emission or ejaculation of seminal fluid onto any body part of the victim or the clothing covering any body part of the victim; or
(c) Knowingly causing semen, blood, urine, feces, or a bodily substance to contact any body part of the victim or the clothing covering any body part of the victim if that contact with semen, blood, urine, feces, or a bodily substance is for the purpose of sexual arousal, gratification, or abuse.
Furthermore, it is important that we also understand what 'Intimate parts' are. 'Intimate Parts' are considered to be: external genitalia or perineum, anus or the buttocks, pubes, breast.
How is Unlawful Sexual Contact Sentenced in Longmont and Greeley?
Unlawful Sexual Contact can be sentenced in two ways in Longmont and Greeley. It is either a class 1 misdemeanor or it can be a class 4 felony. However, this crime is considered to be an extraordinary risk crime, meaning that sentencing is harsher than it is for non-extraordinary risk crimes.
If someone is charged with the class 1 extraordinary risk misdemeanor, then they face:
- 6 months to 2 years in Weld County Jail
- A fine between $500 and $5,000
If someone is charged with the class 4 extraordinary risk felony, then they face:
- 2 to 8 years in DOC
- A fine between $2,000 and $500,000
- 3 years of parole
When is Unlawful Sexual Contact a Felony in Boulder or Weld County?
Unlawful Sexual Contact is elevated to a felony charge in Boulder or Weld County in a few ways. When there is force, intimidation, or threat involved, it will be elevated to a class 4 felony. If the defendant was medically examining the victim and there is no doubt that said examination was not done within reasonable medical practices, then it will be elevated to a felony. Additionally, if a child is coerced into exposing themselves or to engage in sexual contact, then it will also become a felony charge.
If you're convicted of a felony, then you may be required to serve your sentence in the Department of Corrections. Your future employers and landlords will also be aware of this conviction and might deny you employment or housing because of this. It is vital to hire an experienced attorney who can defend your Unlawful Sexual Contact case with certainty.
Unlawful Sexual Contact Means Sex Offender Registration in Erie and Dacono
Since Unlawful Sexual Contact is a sexual offense, if you're convicted, you must register as a sex offender for the foreseeable future. This means that there will be rules about where you work, live and where you can go. It means that you can be charged with an additional crime if you forget to register when you're supposed to. Anyone who searches sex offenders in the area can find you. Having to register as a sex offender is not something anyone wants to have to do.
You Need a Weld County Attorney if You're Facing Allegations of Unlawful Sexual Contact
Because Unlawful Sexual Contact usually lacks physical evidence, all police need is an allegation of sexual contact in Weld County. The District Attorney, judges, and even juries tend to believe the "victim" of these cases, when in reality people often make false claims against others. Here at the O'Malley Law Office, our attorneys will work tirelessly to prove your innocence or fight for a plea deal that is in your favor. Don't go into court alone, arm yourself with a strong lawyer who has a history of defending sex crimes successfully.