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A good Colorado Criminal Defense Lawyer will help you understand that in the State of Colorado and El Paso County, a person who has been charged with Unlawful Sexual Contact, Colorado Revised Statute 18-3-404, must have the District Attorney’s Office prove, beyond a reasonable doubt, the following things for a person to be convicted:

-        A person must subject another to any “sexual contact”, which is defined as the touching of the “intimate parts” of another.

-        “Intimate parts” are defined in 18-3-401 as the “external genitalia or the perineum or the anus or the buttocks or the pubes or breast of any person”  

-        A person must know that the other person either:

-        1) does not consent to the touching OR

-        2) is “incapable of appraising the nature of the conduct”; in other words, the other person was unable to understand what was happening or was unable to give consent to be touched; OR

-        3) the other person is physically helpless and the person knows they are helpless; OR

-        4) the person has “substantially impaired” the victim’s ability to consent or understand what is happening, due to the person’s use of drugs or some other method that causes submission; OR

-        5) the person is in the custody of law enforcement or held in a hospital and the actor has authority over the person and uses that authority to cause the touching, except in specific “lawful incidents”, such as a search; OR

-        6) the person engages in treatment or an examination of another, for any reason besides a legitimate medical examination, or if the examination is conducted in a manner “substantially inconsistent” with medical practices

-        It is also possible to be charged with this offense if a person “induces or coerces” a child (someone under the age of 18) to participate in any form of sexual contact, or having the child expose their “intimate parts” for the person’s sexual gratification.

-        It is also possible to be charged with this offense if a person sees or records, via photograph, video, etc., another person’s “intimate parts”, and that person did not give consent and they had a “reasonable expectation of privacy”, and the charged person saw or recorded the individual for the purpose of sexual gratification.

Unlawful Sexual Contact is a class one misdemeanor.  However, the government has decided that this charge is an extraordinary risk crime which elevates the jail sentence to a minimum of six months and up to a maximum of two years in the county jail, and/or face a fine of $500 to $5000.  Unlawful Sexual Contact can also be a class 4 felony if the person charged is alleged to have subjected the victim to unlawful sexual contact by the use of force, intimidation or threats, which increases the penalty to a possible prison term of at least four years, and a fine of up to $500,000.  Persons convicted of Unlawful Sexual Contact will need to comply with sex offender registration requirements. Failure to comply with the Colorado sex offender registration requirements can lead to additional criminal charges and up to twenty-four months in jail. A person can also be placed on probation for up to two years on a misdemeanor conviction, and up to four years on a felony conviction, asked to provide community service, complete a sex offender evaluation and complete recommended treatment and therapy, and participate in HIV and DNA testing. A person can also face significant risks outside of criminal punishments, including risks for future and current employment. 

Trying to resolve a complicated case without a lawyer who understands the Colorado Statutes and the judicial system is not advised, as the possible consequences can affect you for the rest of your life. Contact the trusted attorneys at Black & Graham, your premier El Paso County, Colorado Criminal Defense firm, for a free consultation.