Unlawful sexual contact in Colorado

What the charge means

Sexual contact means knowingly touching another person's intimate parts, or the clothing covering them, for sexual arousal, gratification, or abuse. Prosecutors must prove that touching happened and that one of the statute's circumstances applied, including:

• The accused knew the other person did not consent.
• The other person could not understand what was happening, or was physically helpless and had not consented.
• The accused impaired the other person with a drug or intoxicant given without consent.

A separate part of the statute makes it a felony to knowingly induce a child under 18 to expose or touch intimate parts for sexual gratification. Common scenarios for the misdemeanor version include disputed touching at bars, parties, or workplaces, and cases where the two sides describe the same moment very differently. Intent matters. Accidental or incidental contact is not a crime.

Classification and sentencing

The baseline charge is a class 1 misdemeanor. Under Colorado's current misdemeanor sentencing law, C.R.S. 18-1.3-501 as revised by the 2021 reform bill SB21-271, that carries up to 364 days in jail and a fine of up to $1,000 if the court imposes jail at all. Jail is not mandatory for the misdemeanor. Probation with a sex offense evaluation and treatment is a common outcome.

The charge becomes a class 4 felony if the state alleges the accused compelled the contact through force, intimidation, or threat. The felony version is sentenced as a crime of violence and falls under the Sex Offender Lifetime Supervision Act. That means prison is required if convicted, the court sets a bottom term in an enhanced range commonly described as 5 to 16 years, and the top of the sentence is natural life, with the parole board deciding release after the minimum is served and treatment progresses.

These figures describe what applies if the court orders incarceration. For the misdemeanor, probation and other non-jail sentences are often possible. For the felony force version, the law mandates prison.

What else it touches

Even the misdemeanor version carries consequences that outlast any sentence:

• Registration. Unlawful sexual contact counts as unlawful sexual behavior, so sex offender registration is required even for a misdemeanor conviction. Petitioning to come off the registry is possible for many lower level offenses after a waiting period.
• Record sealing. Convictions involving unlawful sexual behavior are generally not sealable, and misdemeanor exceptions are narrow.
• Firearms. The felony version bars firearm possession under state and federal law.
• Immigration and work. A conviction can trigger immigration consequences for noncitizens and problems with professional licenses and background checks.

We defend unlawful sexual contact charges in Colorado, and a consultation is the place to get answers about a specific situation.