Unlawful Sexual Contact is either a class 1 misdemenaor or a class 4 felony, depending on whether the accused is alleged to have compelled the victim to submit by force, threat, or intimidation.
Under Colorado law, unlawful sexual contact occurs when the accused subjects the alleged victim to sexual contact, and one of the following also is true:
The actor knows that the victim does not consent
The actor knows that the victim is incapable of appraising the nature of the victim’s conduct
The victim is physically helpless and the actor knows that the victim is physically helpless and the victim has not consented
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
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
The actor engages in treatment or examination of a victim for other than bona fide medical purposes or in a manner substantially inconsistent with medical practices
Further, unlawful sexual contact also occurs where any person knowingly induces a child (any person under 18 years of age) to expose intimate parts or to engage in any sexual contact or penetration with another person, for the actor’s own gratification.
Unlawful sexual contact is considered an “extraordinary risk crime”, and therefore is treated more harshly than other crimes of the same level. A conviction for unlawful sexual contact would necessitate registration as a sex offender.
If you have been accused of unlawful sexual contact and are looking for the representation of a skilled criminal defense lawyer, call Kimberly now at (720) 257-5346 for a FREE 45 minute consultation.
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