Unlawful Sexual Contact is charged in Greeley and Weld County when a person is accused of touching someone without consent. Let’s look at some Frequently Asked Questions (FAQs) related to Unlawful Sexual Contact charges in Colorado
What is the Colorado Revised Statute and Definition of Unlawful Sexual Contact in Weld County?
Found under C.R.S. 18-3-404, the Weld County, Colorado law definition of Unlawful Sexual Contact 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(e) Repealed.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.
(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.
What is Considered Unlawful Sexual Contact in Johnstown and Milliken?
In order to understand what actions are considered Unlawful Sexual Contact, you have to know how Colorado law defines ‘Sexual Contact.’ Per Colorado law, ‘Sexual Contact’ means:
- The knowing touching of the victim’s intimate parts by the actor, or of the actor’s intimate parts by the victim, or the knowing touching of the clothing covering the immediate area of the victim’s or actor’s intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse;
- 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
- 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.
Another important definition is ‘Intimate Parts.’ In Johnstown and Milliken, ‘Intimate Parts’ means:
What is the Punishment for Unlawful Sexual Contact in Greeley?
In Greeley and across Weld County, Unlawful Sexual Contact is a class 1 misdemeanor sexual offense, unless certain aggravators apply. The class 1 misdemeanor is punishable by up to 364 days in the Weld County Jail. Unlawful Sexual Contact can be charged as a class 4 felony if there is an allegation of force, threats or intimidation, or if the person is charged for under subsection (1.5) above. Both the misdemeanor and felony conviction will require registering as a sex offender.
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 to schedule a free initial consultation. Together, we can protect your future.
Photo by Polina Zimmerman