Fort Collins Unlawful Sexual Contact Attorney

Have you been charged with Unlawful Sexual Contact in Fort Collins or Larimer County? Contact us for a FREE consultation to discuss your case and future.
One of the most frequently charged sexual assault based crimes we handle in Fort Collins, at Colorado State University and in all of Larimer County, involves no physical evidence, because it is generally based on simple touch.  Misdemeanor Unlawful Sexual Contact, C.R.S. 18-3-404, charges result from a person knowingly subjecting another to any sexual contact if:

Right Arrow FoCoThe person has knowledge that their victim does not consent or,

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The person has knowledge that their victim is incapable of understanding the nature of the victim’s conduct (usually when a victim is drunk) or,

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The person touches another who is physically helpless and unable to consent or,

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The person has impaired another’s ability to understand what is going on, by the use of any intoxicant or drug designed to cause submission or,

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The victim is in a hospital or under arrest and the actor has some type of supervisory authority over the victim

Larimer County Unlawful Sexual Contact Lawyer:  Definitions and Important Information

A vital definition for this crime is ‘sexual contact.’ The Colorado law definition of ‘sexual contact’ is:

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.

‘Intimate parts’ are:

  • external genitalia or perineum
  • anus or the buttocks
  • pubes
  • breast

Another way Unlawful Sexual Contact can result is when a person knowingly encourages a child to expose their intimate parts or engage in sexual contact for the actor’s own sexual gratification (note that in this charge, the actor is not the one who has sexual contact with the child, nor does the child need to have sexual contact with anyone).  For purposes of this subsection, a child is any person under eighteen years of age.  If the actor were to have the sexual contact with the child, it would be charged as a felony Sexual Assault on a Child, C.R.S. 18-3-402.

Previously, it was also Unlawful Sexual Contact to observe or take a photo of another’s intimate parts when that person thought they were in a private setting.  This crime has now been relocated to C.R.S. 18-3-405.6, and is now called Invasion of Privacy for Sexual Gratification.

Unlawful Sexual Contact requires no physical evidence, because it is generally based on simple touch. 

Fort Collins Sexual Offense Attorney: What is the Sentence for this Sex Offense?

Unlawful Sexual Contact in Fort Collins, Loveland, Estes Park and throughout Larimer County is a class 1 misdemeanor extraordinarily risky crime, punishable by a Larimer County Jail sentence from six months to two years.  Probation is also possible with or without some jail.

Escalation of Unlawful Sexual Contact to a Felony

In the event these sexual touch allegations made to police include some type of force, intimidation or threat, Unlawful Sexual Contact can be elevated to a class four felony, with a possible prison sentence to the Colorado Department of Corrections.  A felony will also be charged based on 1) treatment or examination for reasons other than bona fide medical care, and 2) when a child is encouraged to expose themself, both as described above.  If a felony is charged based on force, intimidation or threat, a prison sentence is mandatory.

Truth is not as important as it used to be and police are not concerned with whether a victim is believable or not.

Why You Need an Experienced Criminal Lawyer for Your Unlawful Sexual Contact Charges

Whether charged as a misdemeanor or a felony, this crime should give any person reason to be concerned.  This is because no physical evidence is necessary – and “touch” alone does not generally leave any evidence.  So, we see men placed in jeopardy of going to jail or prison, and to being labeled sex offenders, simply at the word of another person.  In today’s climate of moral decline, many women use this charge as a means of revenge when a man breaks off a relationship, or to gain an advantage in divorce child custody proceedings.  Truth is not as important as it used to be and police are not concerned with whether a victim is believable or not.  Too often, officers charge the criminal offense of Unlawful Sexual Contact because if they don’t, a complaint to the news media or a police supervisor could cost them their job.

If contacted by the Fort Collins or Loveland Police, or a Larimer County Deputy Sheriff, be smart, exercise your constitutional right to remain silent, and call our experienced and aggressive criminal defense lawyers at 970-658-0007, or submit the “Get Help Now” form.  Together, we can protect your future.

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