Can You Go to Jail for Touching Someone Without Consent in Colorado?

The short answer is yes – touching someone without their consent in Colorado can absolutely result in jail time. The specific charges and penalties depend on the nature of the contact, but any non-consensual touching can have serious legal consequences.

What is Considered “Unlawful Sexual Contact” in Colorado?

Under Colorado law, touching someone sexually without their consent is considered unlawful sexual contact. This includes touching intimate parts through clothing or skin-to-skin contact.

The law defines “intimate parts” as:

• Genitals
• Buttocks
• Breasts
• Inner thighs

Even if you didn’t mean any harm, touching these areas without clear consent can result in criminal charges.

Types of Criminal Charges for Non-Consensual Touching

Unlawful Sexual Contact

The most common charge for non-consensual touching of an intimate nature is unlawful sexual contact. Under Colorado Revised Statute § 18-3-404, this occurs when someone:

• Knowingly touches another person’s intimate parts without consent
• Makes the victim touch their intimate parts
• Knowingly touches the clothing covering intimate parts for sexual gratification

Unlawful sexual contact is usually charged as a Class 1 misdemeanor. However, it becomes a Class 4 felony if force or threats are used.

Sexual Assault

More serious forms of non-consensual touching may be charged as sexual assault under C.R.S. § 18-3-402. This includes:

• Sexual penetration without consent
• Sexual intrusion without consent
• Using force or threats to gain submission
• Taking advantage of someone who is physically helpless or incapable of understanding the conduct

Sexual assault charges range from a Class 4 felony to a Class 2 felony, depending on the circumstances.

Harassment

Less severe forms of unwanted touching might be charged as harassment under C.R.S. § 18-9-111. This includes:

• Striking, shoving, or kicking someone
• Touching someone in an offensive manner
• Following someone in a public place
• Making unwanted physical contact

Harassment is typically a Class 3 misdemeanor but can be elevated based on circumstances.

Potential Penalties for Unwanted Touching

Misdemeanor Charges

Class 1 Misdemeanor (Unlawful Sexual Contact):

• Up to 18 months in county jail
• Fines up to $5,000
• Sex offender registration
• Criminal record

Class 3 Misdemeanor (Harassment):

• Up to 6 months in jail
• Fines up to $750
• Criminal record

Felony Charges

Class 4 Felony (Aggravated Unlawful Sexual Contact):

• 2-6 years in state prison
• Fines up to $500,000
• Mandatory sex offender registration
• Felony criminal record
• Mandatory parole period

Sexual Assault Felonies:

• 4-12 years in prison for Class 3
• 8-24 years in prison for Class 2
• Mandatory sex offender registration
• Substantial fines
• Extended parole periods

Additional Consequences

Beyond jail time and fines, a conviction for non-consensual touching can have lasting impacts:

• Sex offender registration requirements
• Difficulty finding employment
• Housing restrictions
• Damage to personal relationships
• Professional license revocation
• Immigration consequences
• Travel limitations
• Protective orders preventing contact with the victim

Common Defenses in Non-Consensual Touching Cases

Several legal defenses may be available, depending on the circumstances:

• Consent was given but later withdrawn
• Accidental or inadvertent touching
• False accusations
• Mistaken identity
• Lack of sexual intent
• Mental incapacity
• Self-defense or defense of others

However, these defenses require skilled legal representation to present effectively.

Hiring a Boulder, CO Sex Crimes Defense Attorney

If you’re accused of touching someone without consent, you need experienced legal representation immediately. A skilled defense attorney can:

• Protect your constitutional rights
• Investigate the allegations thoroughly
• Challenge evidence and witness statements
• Negotiate with prosecutors
• Work to minimize penalties
• Guide you through the legal process
• Help preserve your reputation and future

At Dawson Law Office, we know that accusations of unwanted touching can arise from misunderstandings, false allegations, or complex situations. We provide strategic, aggressive defense while treating you with respect and dignity.

Don’t try to handle these serious charges alone. Contact Dawson Law today for a confidential consultation about your case. The sooner you involve an experienced criminal defense attorney, the better your chances of achieving a favorable outcome.

Frequently Asked Questions About Unlawful Sexual Contact Charges in Boulder

What is considered unlawful sexual contact in Colorado?

Under Colorado law (C.R.S. § 18-3-404), unlawful sexual contact occurs when someone knowingly touches another person’s intimate parts without consent, or forces the victim to touch them. This includes touching over clothing and any touching for sexual gratification, arousal, or abuse.

Is unwanted touching a felony in Colorado?

It depends. Basic unlawful sexual contact is a Class 1 misdemeanor. However, it becomes a Class 4 felony if force, threats, or intimidation are used. The penalties increase significantly if the victim is under 15, physically helpless, or the perpetrator used a position of trust.

What if someone claims I touched them, but I didn’t?

False allegations of unwanted touching do occur. A skilled defense attorney can help by:

• Gathering evidence and witness statements
• Challenging inconsistent testimony
• Examining security footage, if available
• Investigating potential motives for false claims
• Building a strong timeline of events

Do I have to register as a sex offender?

Yes. Almost all unlawful sexual contact convictions require sex offender registration in Colorado, even for misdemeanor charges.

What if both people were drinking?

Intoxication can complicate consent issues but generally doesn’t serve as a defense for the accused. However, if both parties were intoxicated, this may affect how the case is charged and negotiated.

What if I misread the signals and thought it was consensual?

While a mistake about consent can be a defense, it must be reasonable under the circumstances. The court will look at whether a reasonable person would have understood there was no consent.

Should I try to talk to the alleged victim?

No. Any contact with the alleged victim could result in additional criminal charges or violation of protective orders. All communication should go through your attorney.

How will this affect my college enrollment or career?

A conviction for unwanted touching can have serious consequences:

• College disciplinary actions
• Loss of professional licenses
• Employment difficulties
• Housing restrictions
• Immigration issues

What should I do if I’m accused of unwanted touching?

1. Don’t speak to police without an attorney
2. Don’t contact the alleged victim
3. Don’t discuss the case with anyone
4. Don’t post about it on social media
5. Contact an experienced criminal defense attorney immediately

Contact Dawson Law today for a confidential consultation. With charges this serious, early intervention by an experienced Boulder defense attorney is critical for protecting your rights and future.