In Greeley, Evans, Erie, and across Colorado, sexual offenses are taken very seriously in the eyes of the law. The law loves to put every offender and crime in a one-size-fits-all box, but is that really fair? Let’s look at two Colorado misdemeanor sex crimes to see if the same punishment fits the crime.
Unlawful Sexual Contact Vs. Invasion of Privacy for Sexual Gratification
Unlawful Sexual Contact – C.R.S. 18-3-404 – is defined by Colorado law as:
(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
Colorado law defines Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.6 – as:
Two Very Different Crimes and Level of Victim Harm, Same Punishment
Now, you will notice both crimes involve a lack of consent on the victim’s part. But, with Unlawful Sexual Contact, there has to be an element of actual sexual touch. For example, at the end of a date, the man tries to take things farther than the woman is willing and begins to touch her intimate parts. She is able to fight the man off and call the police, but has experienced the trauma of unwanted sexual advances in a violent way.
On the other hand, you have Invasion of Privacy for Sexual Gratification, where no physical contact occurs. This crime can be charged after another man peers through a the same woman’s window to watch her as she gets undressed (apparently she left the blinds open). While the woman may feel violated after this incident, it is in no way the same type of distress she felt when she was physically sexually touched against her will.
Have you been charged with a misdemeanor sex offense? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with a misdemeanor sex offense? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
However, despite the fact these two crimes are so different and the ramifications to the victims do not match-up, they carry the same penalties under law. As a class 1 extraordinary risk misdemeanor, both crimes are punishable by 6 to 24 months in the Weld, Morgan, or Logan County Jail and up to $5,000 in fines. Both the crimes also require the convicted party to register as a sex offender and complete the harsh sex offender treatment. I am not saying that there should not be punishments for committing either of the unlawful acts, but I do not think they should be punished the same. The level of harm and invasiveness are quite different, deserving different treatment.
If you or someone you love has been charged with Unlawful Sexual Contact or Invasion of Privacy for Sexual Gratification, 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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