Illegal Touching, Peeking and Peeping Tom Laws
The Colorado Springs criminal defense firm of McClintock Criminal Defense, P.C. represent clients charged with all criminal sexual offenses, including unlawful sexual contact or viewing.
This charge is a catch-all for wide range of behavior that people may find objectionable, including:
- Voyeuristic or “Peeping Tom” behavior
- Unwanted touching or groping someone, often in a bar
- Peeking over dividers at tanning booths
- Using mirrors in baskets, on shoes or sticks to look at another’s intimate parts
While many view these offenses as minor, a conviction can result in a mandatory prison sentence and the duty to register as a sex offender for the rest of one’s life.
In unlawful viewing, the prosecution must prove that the defendant had an opportunity to see the private parts (breasts, genitals or anus) of another. Often, they are not able to do so.
Is Videotaping in a Public Place a Criminal Sexual Offense?
For example, we represented a client who took video of high school girls at a public swimming pool. We forced the dismissal of the case because the girls were wearing swimsuits. Because there was no opportunity to view their intimate body parts, there was no crime.
We believe these laws are widely overused in situations that do not warrant prosecution for a criminal sexual offense. Often we are able to negotiate a fair resolution to cases involving charges of unlawful sexual contact or viewing.
If you have been charged with unlawful sexual contact or viewing, or any criminal sexual offense, please contact our firm for a free consultation at (719) 520-3968.
We understand what you are going through and we are here to help. We want to help!
Following are the latest Colorado statutes for this criminal charge:
C.R.S. § 18-3-404 Unlawful Sexual Contact
(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
(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.
(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.
(4) A person who is convicted on or after July 1, 2013, of unlawful sexual contact under this section, upon conviction, shall be advised by the court that the person has no right:
(a) To notification of the termination of parental rights and no standing to object to the termination of parental rights for a child conceived as a result of the commission of that offense;
(b) To allocation of parental responsibilities, including parenting time and decision-making responsibilities for a child conceived as a result of the commission of that offense;
(c) Of inheritance from a child conceived as a result of the commission of that offense; and
(d) To notification of or the right to object to the adoption of a child conceived as a result of the commission of that offense.
Colorado Defense Lawyer Ted McClintock comments on this criminal charge: This is ordinarily a misdemeanor offense however if touching occurs and is done by the application of actual force it can become a felony charge subject to life time supervision or imprisonment. Very similar to the sexual assault statute the difference is in the level of conduct that was accused. Touching vs. Intercourse, intrusion etc.