Email: hmichaelsteinberg@
Contact Us

    Please use the contact form to send us an email - and receive a response within 12 hours.

    Emergency? Call 720-220-2277 (24/7)

Map To Our Office
View Larger Map
Read Out Blog
Case Evaluation
Charged With A Crime?

Colorado Felony Sexual Crimes – Unlawful Sexual Contact (18-3-404)

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   (e) Repealed.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.
      (1.7) Any person who knowingly observes or takes a photograph of another person’s intimate parts without that person’s consent, in a situation where the person observed has a reasonable expectation of privacy, for the purpose of the observer’s own sexual gratification, commits unlawful sexual contact. For purposes of this subsection (1.7), “photograph” includes any photograph, motion picture, videotape, print, negative, slide, or other mechanically, electronically, or chemically reproduced visual material.
2.(a) Unlawful sexual contact is a class 1 misdemeanor and is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501 (3).
   (b) Notwithstanding the provisions of paragraph (a) of this subsection (2), unlawful sexual contact is a class 4 felony if the actor compels the victim to submit by use of such force, intimidation, or threat as specified in section 18-3-402 (4) (a), (4) (b), or (4) (c) or if the actor engages in the conduct described in paragraph (g) of subsection (1) of this section or subsection (1.5) of this section.
3. If a defendant is convicted of the class 4 felony of unlawful sexual contact pursuant to paragraph (b) of subsection (2) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406; except that this subsection (3) shall not apply if the actor engages in the conduct described in paragraph (g) of subsection (1) of this section.

Other Articles of Interest:

If you found the information provided on this webpage to be helpful, please click my Plus+1 button so that others may also find it.

H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
DTC Quadrant Building
5445 DTC Parkway, Penthouse 4
Greenwood Village, Colorado, 80111
Primary Web Site:
Colorado Criminal Law Blog:
Main:  303.627.7777
Cell:  720.220.2277
24/7 Pager:  303.543.4433
FAX (Toll Free):  1.877.533.6276
Always investigate a lawyer's qualifications and experience before making a
decision to retain that lawyer or, for that matter, any professional any field.