In Greeley and Weld County, Unlawful Sexual Contact is charged when a person subjects another to sexual contact without consent. A man was recently charged with this crime after he impersonated a Lyft driver and inappropriately touched a passenger. According to the report, the man was using another driver’s account and vehicle when he picked up a Colorado state representative. The driver allegedly blocked the woman from leaving the vehicle when she tried to get out and pushed her into the car. He proceeded to touch her sexually. The man was charged with felony Unlawful Sexual Contact.
Weld County Unlawful Sexual Contact Attorney: How is Unlawful Sexual Contact Charged in Colorado
The Weld County, Colorado law definition of Unlawful Sexual Contact – C.R.S. 18-3-404 – 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(e) Repealed.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.
It’s likely in the case above, the man was charged under subsection (a), as there was an allegation of force. It’s important to know the definition of sexual contact. According to 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.
Sentence for Unlawful Sexual Contact in Johnstown and Milliken
Unless certain aggravators apply, Unlawful Sexual Contact is a class 1 misdemeanor sex offense, which is punishable by up to 364 days in the Weld County Jail. However, if the person is accused of Unlawful Sexual Contact using force, threats, or intimidation, then it is a class 4 felony sexual offense, which is punishable by a sentence to the Colorado Department of Corrections.
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.
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