Unlawful Sexual Contact – Colorado Law – C.R.S. § 18-3-404

• 1. Elements of C.R.S. 18-3-404
• 2. Differences from Sexual Assault
• 3. Sex Offender Registration
• 4. Defenses
• Frequently Asked Questions
• Additional Resources

1. Elements of C.R.S. 18-3-404

For you to be convicted of unlawful sexual contact in Colorado, prosecutors must prove beyond a reasonable doubt that – for the purpose of sexual arousal, gratification, or abuse – you either:

• Knowingly touched someone’s intimate parts without their consent; or
• Knowingly caused someone to touch your intimate parts without their consent.

Unlawful sexual contact also comprises enticing a child under 18 – for your sexual gratification – to either:

• Expose their intimate parts or
• Have sexual contact with another person.¹

This is different than the crime of enticement of a child, which is luring a child under 15 to enter a vehicle, building, room, or secluded place with the intent to commit sexual assault or unlawful sexual contact with that child yourself.

Meaning of “Intimate Parts”

“Intimate parts” comprises a person’s:

• External genitalia,
• Perineum,
• Anus,
• Buttocks,
• Pubes, or
• Breasts.

Touching can be through clothing or in the immediate area of the person’s intimate parts.²

Meaning of “Consent”

For sexual consent to be valid under Colorado law, there must be:

• Cooperation in an act or attitude according to an exercise of free will and
• Knowledge of the nature of the act.

A current or previous relationship is not sufficient to constitute consent. Submission under the influence of fear is also not consent.³

2. Differences from Sexual Assault

Unlike unlawful sexual contact, the Colorado crime of sexual assault involves non-consensual “penetration” or “intrusion,” even if it is just slight.⁴ Examples include:

• Sexual intercourse,
• Cunnilingus,
• Fellatio,
• Analingus,
• Anal intercourse,
• Digital sex, or
• Inserting an object or other body part into a person’s genital or anal opening.

Ejaculation is not necessary.⁵ Since sexual assault involves penetration, a conviction typically carries a harsher prison term than unlawful sexual contact does.

3. Sex Offender Registry

If you are convicted of (or plead guilty or no contest to) unlawful 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).

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

• You were younger than 18 years of age at the time of the commission of the unlawful sexual contact; and
• You have not been previously charged with unlawful sexual behavior; and
• It is your first offense for misdemeanor unlawful sexual contact; and
• 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.

Failure to register as a sex offender is a Colorado class 6 felony. Penalties include one year to 18 years in jail and/or $1,000 to $100,000. 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

SOMB: The “Shadow” Sentencing Board

In Colorado, the Sex Offender Management Board (SOMB) is a 25-member board under the Department of Public Safety that sets the mandatory standards for the treatment and monitoring of anyone convicted of a sex offense. If you are convicted of a felony unlawful sexual contact, you fall under the Lifetime Supervision Act. This means your probation period is effectively indefinite. You only get off probation when the SOMB-approved treatment team decides you have successfully completed all “phases” of treatment. SOMB standards require “maintenance” polygraphs at least twice a year. These are not used for court evidence, but rather to “uncover” secret behaviors. Failing a polygraph can result in being sent back to prison or having your treatment phases reset. Your life will be governed by a Multi-Disciplinary Team (MDT), which includes your probation officer, your SOMB-approved therapist, and a polygraph examiner. They have the power to “violate” your probation for minor infractions, such as having an unmonitored smartphone or being near a park.¹⁰

4. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with sex crimes such as unlawful sexual contact. In our experience, the following seven defenses have proven very effective with prosecutors, judges, and juries at getting C.R.S. 18-3-404 charges reduced or dismissed.

1. There was no contact with the alleged victim’s intimate parts,
2. The contact was accidental,
3. You reasonably did not know the alleged victim did not consent, and their conduct indicated consent,
4. 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,
5. You were not touching the alleged victim for sexual gratification,
6. Law enforcement coerced your confession, or
7. The alleged victim consented to the contact.

Note that as of 2025, Colorado’s “Rape Shield Law” has severely limited the ability to use a victim’s past sexual history – even history with you (the defendant) – as evidence of consent in court.¹¹

Challenging SANE Exams

Another potential defense involves challenging the results of a SANE exam, if there is one. A SANE (Sexual Assault Nurse Examiner) is a registered nurse with specialized training in forensic evidence collection. In an unlawful sexual contact case – where penetration may not be alleged – the SANE exam focuses on “non-genital” evidence. This includes high-resolution photography of bruising, DNA swabbing of the immediate area of the contact (even through clothing), and documenting any defensive wounds. SANEs are trained to find “injuries consistent with assault.” Therefore, we would hire a competing forensic expert to show that any bruising or redness is consistent with consensual contact or a pre-existing medical condition. Furthermore, if the SANE exam shows your DNA on the alleged victim, that does not have to mean a law was broken. For example, if you two were in a relationship or even just dancing at a club, DNA “transfer” can occur without the specific “knowing contact” required for a criminal conviction.¹²

Frequently Asked Questions

What is the difference between unlawful sexual contact and sexual assault in Colorado?

Unlawful sexual contact involves non-consensual touching of intimate parts without penetration, like groping or fondling. Sexual assault involves penetration or intrusion, even if slight. Both crimes require sex offender registration, but sexual assault typically carries harsher prison sentences due to the penetration element.

Do I have to register as a sex offender if convicted of unlawful sexual contact?

Yes, a conviction for unlawful sexual contact requires registration on Colorado’s sex offender registry. However, if you were under 18 when the crime occurred, it is your first misdemeanor offense, and you meet other specific conditions, you may petition the court to avoid registration. You can also petition to be removed from the registry after 10 years. In felony cases, you may also be subject to the Colorado Sex Offender Lifetime Supervision Act, which involves an indeterminate sentence of probation or prison for the rest of your natural life.

Is unlawful sexual contact a felony or a misdemeanor in Colorado?

Most cases are extraordinary risk class 1 misdemeanors with up to 18 months in jail and/or $1,000 fine. If the victim was drugged, forced, or threatened, it becomes a class 4 felony with two to six years in prison and up to $500,000 fine. Cases involving deadly weapons carry 5 years to life in prison.

What defenses can I use against unlawful sexual contact charges?

Common defenses include: No contact with intimate parts occurred, the contact was accidental, the alleged victim consented, you reasonably believed there was consent, there was a legitimate non-sexual reason for contact, you were not acting for sexual gratification, or law enforcement coerced your confession.

Can I be charged if the touching happened through clothing?

Yes. Under C.R.S. 18-3-401(4), “sexual contact” is explicitly defined to include the knowing touching of the clothing covering the immediate area of the victim’s (or actor’s) intimate parts. To secure a conviction, the prosecution must prove the touching was done for the specific purpose of sexual arousal, gratification, or abuse. If the contact was accidental, incidental, or for a legitimate non-sexual reason (such as medical care), it may serve as a powerful defense against the charges.

Additional Resources

If you are a victim of sexual violence, you can find help at the following:

• Colorado Coalition Against Sexual Assault (CCASA) – Statewide organization that offers support and advocacy for rape victims.
• SAVA (Sex Assault Victim Advocate) in Northern Colorado – Provides crisis intervention, advocacy, and counseling services for survivors of sexual assault.
• The Blue Bench in Denver – Offers comprehensive services to prevent sexual violence and support survivors through counseling and advocacy.
• Project Safeguard in Colorado – Provides legal advocacy and support for survivors of domestic violence and abuse in navigating the legal system.
• Ending Violence Against Women Program, Colorado District Attorney’s Council – Focuses on improving the prosecution of violent crimes against women and supporting victim services.