Arrested or Charged with Unlawful Sexual Contact (C.R.S. § 18-3-404) in Colorado?

If you’ve been arrested for or charged with unlawful sexual contact in Colorado, don’t wait to get help. This charge under C.R.S. § 18-3-404 can result in prison time and sex offender registration even though it’s less severe than sexual assault. The prosecution has specific elements they must prove, and there are legitimate defenses that may apply to your case.

Every decision you make now matters. You need a lawyer who understands the nuances of these cases and knows how to challenge the evidence against you. Contact us immediately to start building your defense.

What is Unlawful Sexual Contact in Colorado? C.R.S. § 18-3-404

Under Colorado law, a person commits unlawful sexual contact when they knowingly subject another person to sexual contact without consent, usually for the purpose of sexual gratification. But what does that actually mean in practice?

You could be charged with unlawful sexual contact if:

• The actor who knowingly subjects the victim to any sexual contact is aware the victim does not consent.
• The victim is incapable of appraising the nature of the act due to age, intoxication, or mental incapacity.
• The actor has substantially impaired the victim’s ability to resist by employing an intoxicant or using intimidation.
• The act was achieved through force, coercion, or deception.
• The actor induces or coerces a child to expose intimate parts or engage in any sexual contact.
• The person who knowingly engages in the conduct does so with the power to appraise or control the victim’s ability to resist.

Is Unlawful Sexual Contact a Misdemeanor or a Felony?

In most cases, unlawful sexual contact is a Class 1 misdemeanor under Colorado criminal law. However, the charge escalates to a Class 4 felony if the actor used force, intimidation, or threats to engage in the act. Because of this, it’s classified as an extraordinary risk crime, meaning enhanced sentencing penalties may apply.

For purposes of this subsection, the modified sentencing range under 1.5 times the usual penalty applies to extraordinary risk crimes.

Penalties for Unlawful Sexual Contact in Colorado

A conviction for unlawful sexual contact in Colorado carries more than just legal penalties—it can change your life forever.

Criminal Penalties

• Misdemeanor Conviction: Up to 24 months in jail, fines up to $5,000, and potential sex offender registration.
• Felony Conviction: 2 to 8 years in Colorado state prison, fines up to $500,000, and mandatory lifetime sex offender registration.
• Mandatory Sex Offender Registration: If convicted, you must register as a sex offender, which imposes lifelong restrictions.

Collateral Damage to Your Life

• A criminal record can make it impossible to find employment.
• Some convicted sex offenders lose parental rights or face restrictions in custody battles.
• Your name could appear in online sex offender registries, making everyday life difficult.
• The social stigma of a sex crime accusation can follow you for years, even if you’re innocent.

What Are Your Defense Options?

An accusation is not a conviction—you have the right to fight back. A seasoned criminal defense attorney can explore different legal strategies to defend your case.

1. The Act Was Consensual

Not all physical interactions are crimes. If both parties consented, the defense can argue that no crime of unlawful sexual contact occurred.

2. False Allegations

Unfortunately, false accusations happen—especially in child custody battles, divorce proceedings, and personal vendettas. Your attorney can present text messages, witness statements, and inconsistencies in the accuser’s story to challenge the allegations.

3. No Sexual Contact Occurred

In some cases, an alleged victim may misinterpret physical contact or fabricate details. A lack of physical evidence can weaken the prosecution’s case.

4. Lack of Intent

For a conviction, the prosecution must prove beyond a reasonable doubt that you acted with sexual intent. If the incident was misunderstood or accidental, this could be a valid defense.

5. Insufficient Evidence

The burden of proof is on the state of Colorado. If key witnesses are unreliable, or DNA and forensic evidence are lacking, the case may be dismissed.

What to Do If You’re Arrested or Charged

If you’ve been accused of unlawful sexual contact, your next steps are critical. One wrong move can jeopardize your defense.

1. Remain Silent

Even if you feel the need to explain yourself, don’t. Anything you say can be twisted and used against you. Exercise your right to remain silent and request an attorney.

2. Avoid Contact with the Accuser

Don’t reach out to clear things up—this could be misinterpreted as witness tampering or intimidation.

3. Hire a Criminal Defense Lawyer Immediately

Time is not on your side. The sooner you retain an experienced criminal defense lawyer, the better your chances of avoiding a conviction.

Why You Need Dawson Law Office on Your Side

When you’re facing a serious charge like unlawful sexual contact, you can’t afford to take risks. Dawson Law Office has years of experience defending clients against sex crimes in Colorado, and we understand the nuances of these cases.

Why Choose Us?

✔ Aggressive, results-driven defense strategies tailored to your case.

✔ Proven track record in fighting serious criminal charges.

✔ Confidential and judgment-free legal representation.

✔ 24/7 availability because your legal crisis can’t wait.

Take Action Now

A charge under C.R.S. § 18-3-404 does not have to define your future. With the right legal team, you can fight back, clear your name, and move forward.

If you or a loved one has been charged with unlawful sexual contact, don’t wait. Contact Dawson Law Office today for a free consultation. Your future is worth defending.