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Touching someone's intimate parts is considered sexual contact in Denver, Arapahoe, and Douglas County. When one party does not consent to the sexual contact, then Unlawful Sexual Contact (USC) charges often result. A Longmont man recently plead not guilty to felony Unlawful Sexual Contact after being accused of touching a woman at a party without her consent. The woman claims she woke up to the man touching her sexually. USC is usually charged as a misdemeanor sex crime, but when force, threats, or intimidation are involved, then it is a felony.
Jefferson County Unlawful Sexual Contact Lawyer: Definition of Unlawful Sexual Contact in Adams County
The Jefferson and Adams County, Colorado law definition of Unlawful Sexual Contact – C.R.S. 18-3-404 – is:
Any actor who knowingly subjects a victim to any sexual contact commits unlawful sexual contact if:
(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
(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.
In the case above, the woman claims she told the man to stop multiple times, meaning he was likely charged under part (a).
Sentence for Unlawful Sexual Contact in Arapahoe County
As a class 1 misdemeanor extraordinary risk crime, Unlawful Sexual Contact is punishable by 6 to 24 months in the Arapahoe County Jail and up to $5,000 in fines. If USC is charged as a felony, then the class 4 felony extraordinary risk crime sex offense is punishable by 2 to 8 years in the Colorado Department of Corrections.