Colorado Springs surreptitious or secret nude images, pictures, sex movies or nudie pics or unauthorized display, publication or internet posting & unlawful sexual contact criminal defense. Consent or lack of consent, inability, helpless, impairment by drug or alcohol, "Peeping Tom", voyeurism, misdemeanor and felony criminal defense

        My clients are advised not to discuss facts, law or trial strategy in any offense of a sexual nature or civil nuisance abatement proceeding with anyone other than myself as legal counsel or a private investigator retained as my agent, who is covered by the attorney - client privilege.  Statements to any third person may be grounds for additional criminal charges, even if the other person is a trusted confidant.  In cases alleging a sexual or drug offense, it is quite common for others to be previously or subsequently apprehended and offer information to law enforcement or prosecution in return for reduced charges or immunity (transactional or use).  Because offenses of a sexual or drug nature may be perceived as deviant or on-going enterprises, VNI units of law enforcement recruit confidential informants to gain information.  It would also not be uncommon for a person's confidant to be a confidential informer, perhaps wearing a wire.  Be very careful what you tell or say to other persons - your statements may be used against you at hearing or trial, and the third person's testimony may be involuntarily compelled by subpoena.  Website visitors who are not my clients should consult with your attorney before talking.

        Twice said - Admissions made by a criminal defendant may be admissible in the prosecutor's case in chief.  Do not discuss a case or make any statements whatsoever with any law enforcement officer, prosecutor, witness, the other involved party  or any other third person. Prosecutors will not hesitate to file intimidation of witness felony charges, and your statements are admissible in a trial or motions hearing.  You have the absolute right to remain silent even if police don't tell you.  Exercise that right.  Consult with your attorney before talking.

When the police contact you, don't try to explain the circumstances.  Stop Talking.
Simply say at the outset that you wish to remain silent & want an attorney.

CRS 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
                (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 CRS 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) Unlawful sexual contact is a class 1 misdemeanor, but it 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 subsection (1.5) or (2) of this section, the court shall sentence the defendant in accordance with the provisions of CRS 18-1.3-406; except that this subsection (3) shall not apply to paragraph (g) of subsection (1) of this section as it applies to subsection (2) of this section.

QUICK SENTENCING GRID   CRS 18-1.3-501 Class 1 Misdemeanor Offenses
Classification - Presumptive Sentencing Penalties

QUICK SENTENCING GRID   CRS 18-1.3-401 Class 4 Felony Offenses
Classification - Presumptive Sentencing Penalties

two felony convictions - minimum sentence mandatory - no probation  CRS 18-1.3-401(1)(b)(II)
Mitigation - not less than one-half the presumptive minimum sentence  CRS 18-1.3-401(6)
Aggravation - not more than twice the presumptive maximum sentence.  CRS 18-1.3-401(6)

Extraordinary aggravating circumstances - at least midpoint presumptive sentence, not more than twice presumptive maximum sentence.  CRS 18-1.3-401(8)(a)  Examples - crime of violence, on parole - probation or bond when offense committed.  There are many more aggravating circumstances contained in CRS 18-1.3-401(8)

        For more information, I have included an abbreviated summary of statutes regarding criminal sentencing.  It is not intended to be all inclusive, however does contain a summary of basic information pertaining to a range of relevant sentencing penalties. For a summary - refer to

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