Contact Us to Request a Free Consultation 303-830-0880

Criminal Defense Blog

False Imprisonment and Unlawful Sexual Contact Denver and Hinsdale Attorney | Uber Driver Keeps Woman from Leaving Car

Posted by Terry O'Malley | Oct 12, 2016 | 0 Comments

According to the news, an Uber driver apparently picked a 22-year-old woman up to take her home. During the drive, he began flirting with the woman and asked her on a date. When the two arrived at the woman's home, she tried to get out of the car but the child safety locks were enabled on the back doors of the Uber driver's car. The woman then asked to get out of the vehicle, but the Uber driver told her he would only let her leave if she gave him her phone number. When the driver let the woman out of the vehicle, he then allegedly cornered her against the car and kissed her on the lips. In Denver, Hinsdale County and across Colorado, the Uber driver could face charges of False Imprisonment and Unlawful Sexual Contact.

Facing Unlawful Sexual Contact charges?

Get Help Now!

False Imprisonment Douglas and Adams County Lawyer | Definition of False Imprisonment

False Imprisonment, C.R.S. 18-3-303, charges occur in Douglas and Adams County whenever a person knowingly confines or detains another without the other's consent and without proper legal authority. Because the Uber driver allegedly kept the woman from leaving his vehicle and entering her home, he could face charges of False Imprisonment. False Imprisonment is normally a class 2 misdemeanor, but if a person uses force or threat of force to confine or detain the other person, or confines or detains the other person for twelve hours or longer, it becomes a class 5 felony.

Unlawful Sexual Contact Jefferson County Attorney | Definition of Unlawful Sexual Contact

In Jefferson County and across Colorado, Unlawful Sexual Contact, C.R.S. 18-3-404, charges occur whenever an actor knowingly subjects a victim to any sexual contact and:

  1. The actor knows the victim does not consent;
  2. The actor knows the victim is incapable of appraising the nature of the victim's conduct;
  3. The victim is physically helpless and the actor knows the victim is physically helpless and hasn't consented;
  4. 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;
  5. 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;
  6. 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.

Additionally, anyone who knowingly, with or without sexual contact, induces or coerces a child by any means set forth in C.R.S. 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.

If, while kissing the woman, the Uber driver touched the woman's intimate parts, he could face charges of Unlawful Sexual Contact. “Intimate parts” includes the external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person. “Sexual contact” includes the knowing touching of the victim's intimate parts by the actor, or of the actor's intimate parts by the victim, or the knowing touching of the clothing covering the immediate area of the victim's or actor's intimate parts if that sexual contact is for the purposes of sexual arousal, gratification or abuse. The vagueness of these definitions can make it that much easier for a woman to accuse you of Unlawful Sexual Contact and for police to arrest you based on her allegation. Even an allegation of touching that does not seem all that sexual can get you arrested and charged. Unlawful Sexual Contact is a class 1 misdemeanor extraordinary risk crime, except it is a class 4 felony if the actor compels the victim to submit by force, intimidation or threat, engages in inappropriate conduct in a medical setting, or forces a child to engage in sexual conduct.

Lawyer in Arapahoe County for False Imprisonment and Unlawful Sexual Contact: Call Today

If you are facing charges of False Imprisonment or Unlawful Sexual Contact in Arapahoe County or anywhere else in Colorado, be smart, don't speak with police and contact a criminal defense attorney right away. Both criminal offenses are defensible, and only a skilled criminal defense lawyer can protect you from a lengthy jail or prison sentence, or sex offender registration and treatment. Call the O'Malley Law Office today to set up a free initial consultation, and protect your future.

Get Help Now

If you or a loved one is facing Unlawful Sexual Contact or False Imprisonment charges in the Denver area, be smart and exercise your right to remain silent. Then, contact the best criminal defense attorneys at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.Request a Free Consultation

Image Credit: Pixabay – Unsplash

About the Author

Terry O'Malley

Get Help Now! Request a Free Consultation Meet Criminal Defense Attorney Terry O'Malley If you have been charged with a crime, you are probably dealing with strong emotions about your upcoming court appearance. You are struggling with knowing how to choose a trustworthy lawyer to represent you...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Get Help Now

If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

Menu