Platt v. People

Petitioner Bruce Platt was charged with- and convicted by a jury of-one count of sexual assault under section 18-3-402(1)(b), C.R.S. (2008) ("subsection (b)"), which erimi-nalizes sexual assault when "[the actor knows that the victim is incapable of appraising the nature of [her] conduct." On appeal, Platt argued that because the victim was asleep, he could only be charged with sexual assault under section 18-3-402(1)(b), C.R.S. (2008) ("subsection (h)"), which criminalizes sexual assault when "[t]he victim is physically helpless and the actor knows the victim is physically helpless and the…