Colorado Sex Crime Attorney Blog

Unlawful Sexual Contact in Denver: Twerking Leads to Criminal Charges

Posted by Kyle B. Sawyer | Nov 11, 2015 | 0 Comments

I can't keep up with all of the different kinds of dancing out there these days. One type of dancing has become fairly popular in today's culture – it's called “twerking”, a provocative dance to music. I hear plenty about twerking from television or on the internet, but I never thought I'd hear about it being the cause of criminal charges. In one news story I read, a man was waiting in a checkout line at a gas station when a woman in front of him started twerking on him and rubbing her body against his. Another woman then came into the picture, following the man and groping him repeatedly. Both women allegedly used force when grabbing the victim's groin and backside multiple times, without his consent. When the man tried to leave to get into his car, one of the women grabbed him by the arm to try to prevent him from leaving. Only one woman was identified, arrested and charged. In Denver, Arapahoe County, and across Colorado, these women would face charges of Unlawful Sexual Contact and Assault in the Third Degree.

What is Unlawful Sexual Contact in Douglas County?

Unlawful Sexual Contact, C.R.S. 18-3-403, can be charged in many ways in Douglas and Jefferson County. As the statute applies to this news story, the women would face charges of Unlawful Sexual Contact for subjecting a victim to any sexual contact when they knew the victim didn't consent. Sexual contact, 18-3-401(4) includes, for the purposes of sexual arousal, gratification, or abuse:

  • The knowing touching of the victim's intimate parts by the actor
  • The knowing touching of the actor's intimate parts by the victim
  • The knowing touching of the clothing covering the immediate area of the victim's or actor's intimate parts

Both women grabbed the man's intimate parts (his groin and his buttocks), which would be considered sexual contact. What makes it unlawful sexual contact is that they did so without the man's consent, for the purposes of sexual arousal, gratification, or abuse. For forcefully grabbing his intimate parts and his arm, they could also face charges of Third Degree Assault, 18-3-204, if they caused bodily injury to the man.

Unlawful Sexual Contact in Denver: A Misdemeanor Can Become a Felony Offense

Unlawful Sexual Contact is a class 1 misdemeanor, but it can become a felony offense fast.

In Denver and Adams County, Unlawful Sexual Contact is a class 1 misdemeanor and an extraordinary risk crime, but it can easily become a felony offense. If an actor compels the victim to submit by use of force, intimidation, or threat, it becomes a class 4 felony. An Adams County District Attorney might argue the women used force to cause the man to submit to the sexual contact when they grabbed his intimate parts. Unlawful Sexual Contact also becomes a felony in Colorado whenever medical personnel engage in treatment or examination of a victim for reasons other than bona fide medical purposes. It can also become a felony when a person (with or without sexual contact) induces or coerces a child by any means listed under 18-3-402, to expose intimate parts or to engage in any sexual contact, intrusion, or penetration with another person, for the purposes of his own sexual gratification.

Charged with Unlawful Sexual Contact in Denver? Call a Sex Crimes Attorney

It's not hard to be charged with Felony or Misdemeanor Unlawful Sexual Contact in Denver, Highlands Ranch, or Englewood. No evidence other than the person accusing you is needed. And, if convicted of either offense, you could face Denver County Jail or prison time. A felony conviction of Unlawful Sexual Contact would also require sex offender registration and treatment. You do not want these restrictions on your freedom. If you've been arrested or are facing charges of Unlawful Sexual Contact in Denver, Jefferson County or Morgan County, call one of our sexual assault criminal defense lawyers immediately. We are committed to utilizing your best defense in court or in trial. We fight to win.

Request a Free Consultation

If you or a loved on has been charged with Unlawful Sexual Contact in Colorado, it can become a felony offense fast: Be smart, exercise your right to remain silent, and contact the best sex crimes defense attorneys at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.

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About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.


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