In Colorado, the crime of unlawful sexual contact is defined as touching a person (a) in a sexual manner (b) without consent. This offense is related to sexual assault but is a less serious offense because it involves touching rather than actual penetration.

In some states, this crime is called “sexual battery.”

Colorado Revised Statutes § 18-3-404 states that:

(1) Any actor who knowingly subjects a victim to any sexual contact commits unlawful sexual contact if:

(a) The actor knows that the victim does not consent; or

(b) The actor knows that the victim is incapable of appraising the nature of the victim’s conduct; or

(c) The victim is physically helpless and the actor knows that the victim is physically helpless and the victim has not consented; or

(d) The actor has substantially impaired the victim’s power to appraise or control the victim’s conduct by employing, without the victim’s consent, any drug, intoxicant, or other means for the purpose of causing submission; or

(e) Repealed.

(f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority, unless incident to a lawful search, to coerce the victim to submit; or

(g) The actor engages in treatment or examination of a victim for other than bona fide medical purposes or in a manner substantially inconsistent with reasonable medical practices.

(1.5) Any person who knowingly, with or without sexual contact, induces or coerces a child by any of the means set forth in section 18-3-402 to expose intimate parts or to engage in any sexual contact, intrusion, or penetration with another person, for the purpose of the actor’s own sexual gratification, commits unlawful sexual contact. For the purposes of this subsection (1.5), the term “child” means any person under the age of eighteen years.

What does Colorado’s “unlawful sexual contact” law prohibit?

You violate 18-3-404 CRS, Colorado’s sexual contact law, when:

• You knowingly touch someone’s intimate parts without their consent,
• You knowingly cause someone to touch your intimate parts without their consent, or
• You entice a child to expose his or her intimate parts or to have sex with another person for your sexual gratification.

The consequences of a sexual contact conviction

Unlawful sexual contact is usually a Colorado class 1 misdemeanor, carrying:

• 364 days in jail, and/or
• A fine of up to $1,000.

However, if the victim is drugged or compelled to submit to sexual contact by force, intimidation, or threat, sexual contact becomes a Colorado felony. As a felony, sexual contact carries consequences that include:

• 2-8 years in prison, and/or
• A fine of $2,000-$500,000.

And if you used or threatened the use of a deadly weapon, you face an increased sentence for a Colorado violent crime. As a result, you will face:

• 5 years – life in prison.

Additionally, a conviction on either a felony or misdemeanor sexual contact charges will require you to register as a sex offender with the Colorado Bureau of Investigation’s sex offender registry.

To help you better understand the law, our Denver Colorado criminal defense lawyers will discuss the following:

• 1. What constitutes unlawful sexual contact in Colorado?
• 2. What are the penalties for unlawful sexual contact?
• 3. Do I have to register as a sex offender?
• 4. How do I fight CRS 18-3-404 charges?

Read our related article about the Colorado Sex Offender Intensive Supervision Program (SOISP).

1. What constitutes unlawful sexual contact in Colorado?

§ 18-3-404 C.R.S., Colorado’s sexual contact law, has two main components:

• Unwanted touching of intimate parts without consent, or
• For the purpose of your own sexual gratification, enticing a child under eighteen to:
  • Expose his or her intimate parts, or
  • Have sex with another person.¹

Note that this last part is different than the crime of enticement of a child (18-3-305 CRS). That crime involves enticing a child under the age of fifteen years to enter a

• vehicle,
• building,
• room, or
• secluded place with the intent to commit sexual assault or unlawful sexual contact with that child yourself.

The definition of “consent”

“Consent” means cooperation in an act or attitude according to an exercise of free will and with knowledge of the nature of the act. A current or previous relationship is not sufficient to constitute consent. Neither is submission under the influence of fear.²

The definition of “sexual contact”

18-3-401 (4) CRS states that: “Sexual contact” means the knowing touching of the victim’s intimate parts by the actor, or of the actor’s intimate parts by the victim, or the knowing touching of the clothing covering the immediate area of the victim’s or actor’s intimate parts if that sexual contact is for:

• sexual arousal,
• gratification, or
• abuse.

Examples:

• You intentionally put your hand on a server’s buttocks in a restaurant because you “like her ass”;
• You rub your crotch against another rider’s buttocks on a crowded subway;
• You touch a child’s breasts through her tee shirt and remark how fast she’s growing up;
• You stuff your co-worker’s hand down your pants.

Sexual contact does not include intrusion or penetration, as defined below. Unwanted intrusion or penetration falls within Colorado’s law against sexual assault.

Also, see our article on Colorado child molestation laws.

The definition of “intimate parts”

“Intimate parts” means the external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person.³

The definition of “sexual intrusion”

“Sexual intrusion” means any intrusion, however slight, by any object or any part of a person’s body, except the mouth, tongue, or penis, into the genital or anal opening of another person’s body if that sexual intrusion can reasonably be construed as being for the purposes of sexual arousal, gratification, or abuse.⁴

The definition of “sexual penetration”

“Sexual penetration” means

sexual intercourse,

• cunnilingus,
• fellatio,
• analingus, or
• anal intercourse.

Emission need not be proved as an element of any sexual penetration. Any penetration, however slight, is sufficient to complete the crime of sexual assault [not contact].⁵

2. What are the penalties for unlawful sexual contact?

Misdemeanor sexual conduct

Unlawful sexual contact is usually a Colorado class 1 misdemeanor. Consequences of misdemeanor sexual contact can include:

• 364 days in jail, and/or
• A fine of up to $1,000.⁶

Felony sexual contact

Sexual contact becomes an extraordinary risk felony when the victim is compelled to submit to the sexual contact by:

• Drugging,
• Force,
• Intimidation, or
• Threat.

As a felony, Colorado sexual contact consequences include:

• 2-8 years in prison, and/or
• A fine of $2,000-$500,000.⁷

Violent crime enhancement

Sexual contact becomes a Colorado violent crime if during the commission of the offense:

• You used, possessed, or threatened the use of, a deadly weapon; or
• You caused serious bodily injury or death to any other person (other than an accomplice).

If your offense is designated a violent crime, prison time increases to:

• 5 years to life in prison.

3. Do I have to register as a sex offender?

If you are convicted of (or plead guilty or no contest to) sexual contact, you will be entered into the Colorado Bureau of Investigation’s sex offender registry.⁸

The entry will include:

• Your name,
• Your address,
• Your date of birth;
• Your photo,
• Your physical description;
• Your crime(s) and date(s) of conviction;
• Your predatory habits (modus operandi), if known; and
• Whether you are considered a “sexually violent predator” (SVP).

What if I fail to register?

Failure to register as a sex offender is a Colorado class 6 felony. Penalties for failing to register can include:

• 1 – 1 ½ years in jail, and/or
• A fine of $1,000-$100,000.

Can I be removed from the sex offender registry?

At the time of your conviction, you may petition the court not to add you to the registry if:

• You were younger than eighteen years of age at the time of the commission of the unlawful sexual contact;
• You have not been previously charged with unlawful sexual behavior;
• It is a first offense for misdemeanor unlawful sexual contact;
• A sex offender evaluation recommends exempting you based on the best interests of both you and the community; and
• The court makes written findings of fact specifying the grounds for granting such an exemption.

Otherwise, provided you do not commit any other sex crimes, you may petition the court to be removed from the Colorado sex offender registry after 10 years from your complete discharge following your sexual contact sentence.⁹

4. How do I fight CRS 18-3-404 charges?

The best defense to a Colorado criminal charge of unlawful sexual contact depends on the facts of your case. Common defenses include (but are not limited to):

• There was no contact with a person’s intimate parts,
• The contact was accidental,
• The other person consented to the contact,
• You reasonably did not know the other person did not consent (the victim’s conduct indicated consent),
• There was a legitimate reason for the contact – for example, you were babysitting a child and were reasonably checking to see if the child was sick or injured,
• You were not touching the other person for sexual gratification,
• You introduced a child to another adult innocently, or
• Law enforcement coerced a confession.

Colorado Legal Defense Group
4047 Tejon Street
Denver, CO 80211
(303) 222-0330

See our related articles on domestic violence, indecent exposure, internet sexual exploitation of a child, sexual assault of a child by one in a position of trust, internet luring of a child, and third-degree assault.

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