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Misdemeanor Unlawful Sexual Contact 18-3-404 (2) (a)

Misdemeanor Unlawful Sexual Contact. 18-3-404 (2) (a)


This web page contains the elements of the Colorado Crimes of Unlawful sexual contact. 18-3-404 (2) (a)

These are only the basic elements of these crimes – to fully understand a crime with which you are charged, you will need a much greater understanding of Colorado Criminal Law.

This web site is designed to empower criminal defendants by helping them understand every phase of the criminal justice process. It also addresses the different types of defenses and strategies that exist in the Colorado Criminal Justice System.

If you are charged with a crime and seek to understand the new world you have entered – you need to understand that criminal laws and procedures can be so complex that even judges can get them wrong.


An actor who knowingly subjects a victim to any sexual contact commits a class 1 misdemeanor if:


a) the actor knows that the victim does not consent;

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

c) the victim is physically helpless, and the actor knows that the victim is physically helpless, and the victim has not consented;

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;


e) the victim is in custody of a law enforcement agency 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.