Unlawful Sexual Contact under C.R.S. § 18-3-404 is a Colorado sex offense involving non-consensual sexual touching. While it is often charged as a class 1 misdemeanor, the offense can become a class 4 felony depending on the circumstances.
Even when charged as a misdemeanor, a conviction can carry serious consequences, including jail, probation, mandatory sex offender treatment, and potential sex offender registration.
If you are facing allegations under this statute, it is important to understand what the law requires prosecutors to prove and the defenses that may be available.
Under C.R.S. § 18-3-404, a person commits unlawful sexual contact if they knowingly subject another person to sexual contact under certain prohibited circumstances.
Sexual contact generally refers to touching intimate parts of another person for the purpose of sexual arousal, gratification, or abuse.
The prosecution must prove that the touching occurred knowingly and that one of the conditions described in the statute existed.
Colorado law identifies several situations where sexual contact may become criminal.
A person may be charged if the prosecution claims the actor knew the alleged victim did not consent.
The charge may apply when the alleged victim was unable to understand the nature of their conduct, meaning they could not appreciate what was happening.
A person may be considered physically helpless if they are asleep, unconscious, or otherwise unable to resist.
The statute also applies if the actor allegedly impaired the victim’s ability to understand or control their conduct through drugs, alcohol, or other intoxicants without consent.
Unlawful sexual contact may occur if the victim is in custody or detained in an institution and the actor has supervisory authority over them.
The statute also prohibits sexual contact disguised as medical treatment that is inconsistent with legitimate medical practice.
A person may be charged if they knowingly induce or coerce a child under 18 to expose intimate parts or engage in sexual activity for the actor’s sexual gratification, even without direct touching.
The level of the offense depends on the circumstances of the alleged conduct.
| Charge Level | Possible Penalties |
|---|---|
| Class 1 Misdemeanor | Up to 364 days in jail, fines up to $1,000, probation, and possible sex offender treatment |
| Class 4 Felony | 2 to 6 years in prison, mandatory parole, sex offender treatment, and possible registration |
The offense becomes a felony when the prosecution alleges force, intimidation, or threats, improper medical conduct, or inducing a child to engage in sexual activity.
In some situations involving force, sentencing may fall under Colorado’s crime of violence statute, which can significantly increase penalties.
Colorado law imposes additional consequences when a person is convicted of unlawful sexual contact.
A convicted person may lose certain parental rights related to a child conceived as a result of the offense, including:
These consequences highlight the long-term impact a sex crime conviction can have beyond jail or prison.
Sex crime allegations are often highly fact-dependent and may involve conflicting testimony.
Common defense strategies may include:
Because these cases frequently depend on credibility and context, early investigation is often critical.
Unlawful sexual contact is closely related to other Colorado statutes, including:
Understanding the differences between these statutes is often important in defending against sex crime allegations.
If you are accused of unlawful sexual contact in Denver or anywhere in Colorado, the consequences can be life-changing.
Prosecutors often pursue these cases aggressively, even when the evidence is limited or the allegations are disputed.
Landy Criminal Law represents individuals charged with sex crimes throughout Colorado and works to protect their rights, reputation, and future.
If you are under investigation or have been charged, speaking with a defense lawyer early in the process can be critical.
Most cases are charged as a class 1 misdemeanor, but the charge becomes a class 4 felony when force, threats, improper medical conduct, or conduct involving a child is alleged.
No. The statute involves sexual touching, not penetration.
Yes. If the alleged contact was consensual, it may be a defense to the charge.
In some circumstances, the court may require sex offender registration and treatment, depending on the facts of the case.
If you have been accused of unlawful sexual contact, it is important to speak with a defense attorney who understands how to defend these cases.
Contact Landy Criminal Defense to discuss your case and learn about your options.
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