Unlawful Sexual Contact, C.R.S. 18-3-404, is charged any time a person sexually touches or contacts another without the other person’s consent. Last year, a Boulder massage therapist was charged with Unlawful Sexual Contact after being accused of inappropriately touching a client while providing medical services. Under most circumstances, the massage therapist’s Unlawful Sexual Contact charge would have been a class 1 misdemeanor. However, because he engaged in nonconsensual sexual contact while providing medical services, the therapist is instead facing class 4 felony charges.
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1. Weld County Definition of Unlawful Sexual Contact, C.R.S. 18-3-404 2. What is “Sexual Contact” in Greeley? 3. Weld County Jail Time + Other Penalties for Unlawful Sexual Contact |
1. Weld County Definition of Unlawful Sexual Contact, C.R.S. 18-3-404
Weld County’s legal definition of Unlawful Sexual Contact, C.R.S. 18-3-404, is as follows:
(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.
In other words, Unlawful Sexual Contact is charged when someone touches another person’s intimate areas without consent. Note that according to this statute, Unlawful Sexual Contact can be charged if the victim was unable to provide consent due to inability or intoxication.
2. What is “Sexual Contact” in Greeley?
To understand Unlawful Sexual Contact, it is important to understand the legal definition of “sexual contact” in Greeley. “Sexual contact” is defined under C.R.S. 18-3-401 (4) as:
Touching another person in an intimate area without consent is the main way someone can be charged with Unlawful Sexual Contact. Even so, C.R.S. 18-3-401 (4) also defines “sexual contact” in other less common ways. These include knowingly ejaculating on another person, or forcing them to be in contact with any other bodily fluids for the purpose of sexual gratification or abuse.
3. Weld County Jail Time + Penalties for Unlawful Sexual Contact
Time at the Weld County Jail and other penalties for Unlawful Sexual Contact vary greatly, depending on the circumstances behind the offense. The table below outlines these potential penalties for an Unlawful Sexual Contact conviction:
| Action | Sentence | Penalties |
| Touching another person’s intimate parts without consent | Class 1 misdemeanor / M1 |
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Class 4 felony / F4 |
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Felony Unlawful Sexual Contact is subject to an indeterminate sentence. This means that if the defendant is convicted, they could spend the rest of their life in the Colorado Department of Corrections, with no set release date.
Have you been charged with Unlawful Sexual Contact? Exercise your right to remain silent, and do not talk to the Weld County Sheriff or Greeley Police. Then get in contact with a top criminal defense lawyer with over 3 decades of experience at the O’Malley Law Office today at 970-616-6009 to discuss your case. 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