Unlawful Sexual Contact in Colorado
Unlawful sexual contact in Colorado, defined in C.R.S. 18-3-404, means knowingly touching another person’s intimate parts, or the clothing over them, for sexual arousal, gratification, or abuse, without consent or in another situation the law lists. It is usually a class 1 misdemeanor, carrying up to 364 days in jail and a $1,000 fine for offenses on or after March 1, 2022. It becomes a class 4 felony if force, threats, or intimidation were used, and a conviction at either level generally requires sex offender registration.
If you or someone you love was just charged, or a detective has called asking questions, we’re sorry you’re going through this. This page explains what the charge actually means, what is at stake, and where these cases are really decided.
What counts as "sexual contact" under Colorado law
Colorado defines sexual contact narrowly and specifically. Under C.R.S. 18-3-401(4), it includes:
- The knowing touching of the other person’s intimate parts, or the other person touching yours, for the purposes of sexual arousal, gratification, or abuse
- The knowing touching of the clothing covering those areas, for the same purposes
- Knowingly causing certain bodily fluids to contact the other person’s body or clothing
"Intimate parts" means the external genitalia, perineum, anus, buttocks, pubes, or breast of any person (C.R.S. 18-3-401(2)).
Two words in that definition carry much of the weight in a real case. "Knowing" means an accidental bump in a crowded room is not sexual contact. "For the purposes of" means the prosecution has to prove why the touching happened, not only that it happened.
When touching becomes unlawful sexual contact
Sexual contact is a crime under C.R.S. 18-3-404(1) when the person charged knowingly subjects someone to it and one of these is true:
- The person knew the other individual did not consent
- The person knew the other individual could not understand the nature of the conduct
- The other individual was physically helpless, the person knew it, and there was no consent
- The person used a drug, intoxicant, or other means, without consent, to substantially impair the other individual’s ability to understand or control their conduct
- The other individual was in custody or detained in an institution, and the person used supervisory authority over them to coerce submission
- The person performed a treatment or examination for something other than a genuine medical purpose, or in a way substantially inconsistent with reasonable medical practice
A separate provision, subsection (1.5), covers knowingly inducing or coercing a person under 18 to expose intimate parts or engage in sexual contact, for the actor’s own gratification. This can happen with or without any physical contact.
Misdemeanor or felony: how the charge is classified
Most unlawful sexual contact charges are misdemeanors. Three situations make it a felony.
| Situation | Classification | Sentencing range (offenses on or after the dates shown) |
|---|---|---|
| Standard unlawful sexual contact | Class 1 misdemeanor | Up to 364 days in jail, up to $1,000 fine (on or after March 1, 2022) |
| Force, intimidation, or threat as described in C.R.S. 18-3-402(4) | Class 4 felony | Prison, sentenced as a crime of violence, with an indeterminate term up to life under the Lifetime Supervision Act |
| Non-medical "treatment or examination" (subsection 1(g)) | Class 4 felony | 2 to 6 years presumptive range for class 4 felonies (July 1, 2020 and after), indeterminate sentencing as a sex offense |
| Inducing or coercing a person under 18 (subsection 1.5) | Class 4 felony | Indeterminate sentencing as a sex offense |
See our guide to Colorado sex crime laws for the wider statutory framework.
Sources: C.R.S. 18-3-404(2) and (3); 18-1.3-501(1)(a.5); 18-1.3-401; 18-1.3-1003(5); 18-1.3-1004.
A note on older information online. Before March 1, 2022, the ordinary class 1 misdemeanor maximum was 18 months in jail. Misdemeanor unlawful sexual contact was an "extraordinary risk" crime, which added six months and raised its maximum to 24 months under the law then in effect (C.R.S. 18-1.3-501(3)(a)). For conduct on or after March 1, 2022, the class 1 misdemeanor maximum in the statute is 364 days. The date of the alleged conduct matters.
What a felony conviction means: the Lifetime Supervision Act
Felony unlawful sexual contact is a "sex offense" under Colorado’s Lifetime Supervision Act (C.R.S. 18-1.3-1003(5)). That changes the math entirely.
A prison sentence for a sex offense under this Act is indeterminate. The court sets a minimum term, and the maximum is the person’s natural life (C.R.S. 18-1.3-1004(1)(a)). When the offense involved force and counts as a crime of violence, the minimum must be at least the midpoint of the presumptive range (C.R.S. 18-1.3-1004(1)(b)). Release is not automatic at the end of the minimum. It depends on treatment progress and a parole board decision.
This is why a misdemeanor-versus-felony decision in these cases is never a paperwork detail. It can be the difference between a sentence with an end date and one without.
Sex offender registration, even for the misdemeanor
Yes, a misdemeanor conviction for unlawful sexual contact generally requires registration. Colorado’s sex offender registration law defines "unlawful sexual behavior" to include unlawful sexual contact under 18-3-404 (C.R.S. 16-22-102(9)), and people convicted of unlawful sexual behavior must register (C.R.S. 16-22-103).
Getting off the registry is possible but slow. For the class 1 misdemeanor of unlawful sexual contact, a person may petition the court to discontinue registration after ten years from final release from the court’s jurisdiction, as long as there are no later convictions for unlawful sexual behavior (C.R.S. 16-22-113). Felony registrants face longer timelines, and some never qualify.
Registration shapes where a person can live and work, whether they can volunteer at a child’s school, and how every background check reads. For many people it is the heaviest consequence of the whole case.
How unlawful sexual contact relates to sexual assault
Unlawful sexual contact is what Colorado law calls a lesser included offense of sexual assault. The Colorado Supreme Court has held that proving sexual assault by penetration necessarily proves unlawful sexual contact, so a conviction for both based on the same act merges into one (Page v. People, 2017 CO 88).
In practical terms, unlawful sexual contact often shows up in two places:
- As the original charge, when the allegation is touching without penetration
- As an alternative in a sexual assault case, where the difference between the two charges can mean the difference between a felony and a misdemeanor
If you are facing a sexual assault charge, read our page on Denver sexual assault defense as well.
Where these cases are actually decided: the gray area
The state presents unlawful sexual contact as black and white: there was a touch, and there was no consent. Real cases almost never look like that.
These are the questions that usually decide what happens:
- Was the contact knowing, and was it for a sexual purpose? Contact in a crowded bar, a packed concert, a medical setting, or during a scuffle is not automatically sexual contact. The statute requires both knowledge and purpose, and the prosecution has to prove both.
- What did each person understand about consent at the time? Many of these cases involve people who knew each other, sometimes well. Text messages before and after, the history of the relationship, and what each person said and did that night often tell a more complicated story than the police report.
- What does the evidence actually show? Many cases rest mostly on one person’s account against another’s. That makes the details matter enormously: the timeline, witness statements, phone data, video from the location, and whether the account changed between the first report and later interviews.
- Which subsection is the state relying on? The felony routes, force or threat, a non-medical examination, or a minor under subsection (1.5), each carry their own elements. A charge filed under one theory still has to be proven under that theory.
We prepare every case for trial from the first day, because that is how you find the details the state glossed over. That preparation does not guarantee any result. It is what creates the opportunity to negotiate from strength, or to try the case when that is the right call. Whether to go to trial is always your decision.
Professionals: the medical-examination provision and your license
Subsection (1)(g) applies to doctors, nurses, therapists, chiropractors, massage therapists, and anyone else who examines or treats people, or holds themselves out as doing so (McCoy v. People, 2019 CO 44). For licensed professionals, a charge under this provision is also a licensing problem. The criminal case and the licensing investigation can run at the same time, and what you say in one can affect the other.
If you hold a professional license, talk to counsel before you respond to either the police or your licensing board. See our professional license defense page for how those cases work.
What to do in the first 24 to 72 hours
The system moves fast in these cases, often before the person accused understands what is happening.
- You have the right not to answer questions. A detective calling to "hear your side" is gathering evidence. You can politely decline and ask to speak with a lawyer first.
- Do not contact the person who made the allegation, directly or through friends. In Colorado criminal cases, a protection order is typically entered at the first court appearance, and contact can become a new charge.
- Preserve what exists now. Texts, social media messages, photos, ride-share receipts, and the names of people who were there. Some of it disappears within days.
- Write down your own timeline while it is fresh, and share it only with your lawyer.
Frequently asked questions
Is unlawful sexual contact a felony in Colorado?
Usually not. Unlawful sexual contact is a class 1 misdemeanor under C.R.S. 18-3-404(2)(a). It becomes a class 4 felony when force, intimidation, or threats were used, when it happened during a non-medical "treatment or examination," or when it involves inducing or coercing a person under 18. Felony cases fall under the Lifetime Supervision Act.
Do you have to register as a sex offender for misdemeanor unlawful sexual contact?
Generally, yes. Colorado’s registration statute includes unlawful sexual contact in its definition of unlawful sexual behavior, and people convicted of unlawful sexual behavior must register. The misdemeanor does not avoid registration. That is why the charge deserves the same careful defense as a felony.
How long do you have to register for unlawful sexual contact in Colorado?
For the class 1 misdemeanor, a person can petition to discontinue registration after ten years from final release from the court’s jurisdiction, if there are no later convictions for unlawful sexual behavior (C.R.S. 16-22-113). The court decides whether to grant the petition. Removal is not automatic.
How much jail time can you get for unlawful sexual contact?
For misdemeanor conduct on or after March 1, 2022, up to 364 days in jail and a fine of up to $1,000. Under the law applicable before that date, the ordinary class 1 misdemeanor maximum was 18 months, but the six-month extraordinary-risk extension for misdemeanor unlawful sexual contact raised its maximum to 24 months. Felony unlawful sexual contact can mean an indeterminate prison sentence with a maximum of life under the Lifetime Supervision Act.
What is the difference between unlawful sexual contact and sexual assault?
Sexual assault generally involves sexual penetration or intrusion. Unlawful sexual contact involves touching without penetration. The Colorado Supreme Court treats unlawful sexual contact as a lesser included offense of sexual assault, so it often appears as an alternative charge in sexual assault cases.
Should I talk to the detective if I have not been charged yet?
You have the right to decline an interview and to speak with a lawyer first. Detectives often call before charges are filed, and what you say becomes evidence. Talking with a defense attorney before any interview lets you understand the allegation and your options before you say anything.
Talk to someone who will explain it straight
Being accused of a sex crime is isolating. Many people feel they have to prove their innocence before anyone will help them. You don’t. The allegation is not the whole story, and you deserve someone who will learn the rest of it.
DeChant Law is a Denver criminal defense trial firm. We work with you, not for you. We’ll walk you through the charge, what the evidence looks like, and what your options are, with no pressure to decide anything on the first call.
Call (303) 409-7500 or contact us online.
This article is for informational purposes only and is not legal advice. Every case is different. If you are facing charges in Colorado, talk to a criminal defense attorney about your specific situation.
