Unlawful sexual contact charges in Colorado present an overwhelming challenge demanding immediate attention and legal clarity. If you are accused, it's critical to grasp the legal definitions, updated penalties, and defense strategies essential for protecting your rights. Here, we offer an overview of Colorado's unlawful sexual contact laws, explain how The Law Office of Richard B. Huttner can assist, and detail the crucial steps you need to take if charged.
What Is Unlawful Sexual Contact?
The Colorado Revised Statute §18-3-404 defines unlawful sexual contact as knowingly subjecting another person to sexual contact without their consent. While the offense may not be as severe as sexual assault, it is still a sex-related crime that can carry serious consequences.
Elements of Unlawful Sexual Contact
Unlawful sexual contact can occur in several ways. The prosecution must prove that the accused knowingly committed one of the following actions:
- Contact Without Consent: The accused was aware that the victim did not consent to the sexual contact.
- Victim Incapable of Consent: The victim could not appraise the nature of the act due to age, intoxication, or mental incapacity.
- Physical Helplessness: The accused knew the victim was physically helpless and unable to resist or provide consent.
- Use of Force or Intimidation: Force, intimidation, or threat was used to compel the victim to submit.
- Substantial Impairment: The accused used intoxicants or drugs to impair the victim’s ability to resist.
- Authority Misuse: The accused leveraged a position of authority, such as a supervisory role, to coerce the victim (such as in custodial settings like hospitals).
New Updates to Colorado’s Unlawful Sexual Contact Laws (2025)
Recent legislative changes in 2025 have clarified and expanded key aspects of unlawful sexual contact laws in Colorado:
- Enhanced Penalties for Child Victims: Under revised statutes, committing unlawful sexual contact involving a minor carries stricter sentencing guidelines, especially if coercion or grooming can be demonstrated.
- Digital Evidence Admissibility: Courts can now admit text messages, social media communications, and electronic footprints more readily as supporting evidence in these cases.
- Changes to Extraordinary Risk Crimes: Unlawful sexual contact considered an “extraordinary risk crime” could face enhanced sentencing with increased prison terms of up to 1.5 times the standard penalties.
If charged, defendants need a defense strategy that takes these updates into account. Speaking with the attorneys at The Law Office of Richard B. Huttner will help you understand the severity of the charges brought against you and explore every possible defense strategy for your case.
What Are the Penalties for Unlawful Sexual Contact?
The severity of penalties varies depending on whether coercion, force, or aggravating factors were involved. Unlawful sexual contact may be charged as a misdemeanor or a felony in Colorado.
Misdemeanor Charges
Unlawful sexual contact is typically a Class 1 misdemeanor if no force or intimidation was used. Potential penalties include:
- Up to 24 months in county jail
- Fines of up to $5,000
- Sex offender registration, which carries significant lifelong restrictions including mandatory reporting and offender rehabilitation classes
Felony Charges
When compulsion, intimidation, or force is used, unlawful sexual contact escalates to a class 4 felony, carrying harsher sentences:
- Prison time ranging from 2 to 8 years
- Fines of up to $500,000
- Mandatory lifetime sex offender registration
- Offense-specific treatment under the Sex Offender Management Board (SOMB)
Even after serving time, convicted individuals may face collateral consequences, including difficulty gaining employment, housing, and professional licensing.
What Are Common Defenses Against Unlawful Sexual Contact Charges?
If you’ve been accused of unlawful sexual contact, remember this crucial fact: being charged is not the same as being convicted. Here are some proven defense strategies deployed by the Law Office of Richard B. Huttner:
The Contact Was Consensual: Consent is a primary defense in unlawful sexual contact cases. If the alleged victim agreed to the contact, your defense lawyer can challenge the claim that the contact was non-consensual.
False Allegations: False accusations may arise due to personal vendettas, misunderstandings, or disputes, such as in high-conflict custody or relationship breakups. An experienced attorney will look for inconsistencies in the accuser’s story and use evidence like text messages, emails, and witness testimony to demonstrate your innocence.
No Sexual Intent: For an unlawful sexual contact conviction, the prosecution must prove that your actions were for sexual gratification. If your intent can be shown to be nonsexual, such as a misunderstanding of physical proximity, the case against you may weaken significantly.
Insufficient Evidence: The prosecution carries the burden of proving your guilt beyond a reasonable doubt. A skilled defense attorney will scrutinize whether the available evidence supports their claims. Lack of forensic evidence or unreliable witness testimony can undermine the prosecution's case.
Constitutional Violations: Unlawful searches, coerced confessions, or improper evidence handling can lead to evidence being dismissed. Your defense lawyer can contest whether your rights were violated during the investigation or arrest.
Why Choose the Law Office of Richard B. Huttner?
When facing unlawful sexual contact charges, having knowledgeable legal counsel by your side can make all the difference. The stakes are high—your reputation, freedom, and future are all on the line.
The Law Office of Richard B. Huttner has years of experience defending clients against sex crime allegations throughout Colorado. Our in-depth knowledge of the law, coupled with a results-oriented approach, ensures that every case is handled with care, discretion, and precision.
No two cases are identical, and our team of attorneys recognizes that. We take a personalized approach that focuses on the specific details of your case, building a defense strategy that puts you in the best possible position for a favorable outcome.
How The Law Office of Richard B. Huttner stands apart:
- Proven Track Record: Successfully defending clients against unlawful sexual contact and similar charges.
- Clear Communication: Breaking down complex legal processes so you fully understand your case and options.
- Aggressive Advocacy: Fighting for your rights in court and negotiating optimal plea agreements when applicable.
What Should You Do If Charged with Unlawful Sexual Contact?
If you or a loved one is accused of unlawful sexual contact, acting quickly and decisively is essential. Follow these steps to safeguard your rights and strengthen your defense:
- Stay Silent: Avoid discussing the case with anyone—friends, family, or law enforcement. Anything you say could be used against you in court.
- Decline Voluntary Searches or Tests: You are under no obligation to consent to searches or provide statements without consultation.
- Contact an Attorney Immediately: The sooner you engage experienced legal representation, the better your chances of addressing the charges effectively.
Colorado Sex Crimes Defense: Your Time to Act is Now
Facing sex crime allegations can feel isolating and overwhelming, but you don’t have to face them alone. With The Law Office of Richard B. Huttner on your side, you’ll gain an advocate who will fight relentlessly to defend your rights, protect your reputation, and help you secure the best possible outcome.
