Unlawful Sexual Contact, C.R.S. 18-3-404, is generally charged as a misdemeanor in Greeley, CO. However, there are some circumstances in which it is instead charged as a class 4 felony at the Weld County Court. In addition, it can even be charged as a crime of violence. In either circumstance, when charged as a felony, Unlawful Sexual Contact / USC is also subject to indeterminate sentencing. If you have been charged with USC, time is of the essence – contact a top Weld County sex crimes lawyer today.
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Blog Navigation: Weld County Court Definition of Unlawful Sexual Contact, C.R.S. 18-3-404 When is Unlawful Sexual Contact Charged as a Crime of Violence in Ault and Fort Morgan? |
Weld County Court Definition of Unlawful Sexual Contact, C.R.S. 18-3-404
Unlawful Sexual Contact, C.R.S. 18-3-404, is defined as follows at the Weld County Court:
(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.
When is Unlawful Sexual Contact Charged as a Crime of Violence in Ault and Fort Morgan?
In Ault and Fort Morgan, Unlawful Sexual Contact can be charged as a class 1 misdemeanor or class 4 felony. In the latter case, it could also be charged as a crime of violence. Felony USC is designated a crime of violence when the defendant is accused of using force, intimidation, or threats to carry out the sexual contact. Alternatively, it is also designated a crime of violence when one person, seeking their own sexual gratification, forces a child to engage in sexual contact, intrusion, or penetration with another person. When it is charged as a crime of violence, the minimum sentence to the Colorado DOC can increase substantially.
Penalties for Unlawful Sexual Contact in Greeley
Penalties for Unlawful Sexual Contact in Greeley vary greatly, depending on the circumstances that resulted in the offense. Most acts of USC are charged as misdemeanors; however, it can instead be charged as a felony if a defendant pretended to provide bona fide medical treatment to the victim. In one of the other circumstances outlined above, it is both a felony and a crime of violence. See the table below for penalties that may result from conviction:
Class 1 misdemeanor / M1 |
Class 4 felony / F4 |
Class 4 felony / F4 + crime of violence |
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Whether you’ve been charged with misdemeanor or felony Unlawful Sexual Contact, don’t wait to contact a top Greeley sex crimes lawyer. Give us a call today, and together, we can protect your future.
Have you been charged with Unlawful Sexual Contact? Remember to always be smart, and exercise your right to stay silent. Then call 970-616-6009 to discuss your case with a top criminal defense lawyer from the O’Malley Law Office today. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
Photo by Andrea Piacquadio