v. McEntee

Citations

• 2019 COA 139

Syllabus

Defendant was convicted of unlawful sexual contact and sentenced to sex offender intensive supervised probation for an indeterminate term of 10 years to life. On appeal, defendant contended that the evidence was insufficient to support his conviction for unlawful sexual contact under CRS § 18-3-404(1.5), arguing that the statute applies to sexual contact involving a third person other than the victim and the defendant. Specifically, he contended that because the State did not prove that defendant induced or coerced the victim to engage in sexual contact with another person for defendant's own sexual gratification, the conviction cannot stand. The phrase \another person\ as used in CRS § 18-3-404(1.5) is ambiguous. The Court of Appeals construed it to be viewed from the perspective of the victim, so the perpetrator is \another person\ in relation to the victim. Consequently, CRS § 18-3-404(1.5) does not require the participation of an additional person beyond the victim and the defendant. Therefore, sufficient evidence supported defendant's conviction. The judgment was affirmed.