Legal Opinion
Woellhaf v. People
Supreme Court of Colorado
Decided January 18, 2005No. 03SC664PublishedCited by 102 opinions
1Opinion of the Court
MARTINEZ, Justice.
In this case, we determine the unit of prosecution for the crimes of sexual assault on a child, section 18-3-405, C.R.S. (2004), and sexual assault on a child by one in a position of trust, section 18-3 — 405.3, C.R.S. (2004). 1 We hold that these statutes proscribe “any sexual contact” and therefore do not define separate offenses for each type of sexual contact. After determining the legislatively prescribed unit of prosecution, we proceed to the factual component of our test. We conclude that, due to the manner in which the prosecution grouped the sexual contacts in this…
2Cases cited30 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- North Carolina v. PearceSupreme Court of the United States · 1969
- Brown v. OhioSupreme Court of the United States · 1977
- Missouri v. HunterSupreme Court of the United States · 1983
- Whalen v. United StatesSupreme Court of the United States · 1980
25 more not listed; retrieve them via the Exa API.
3Cited by102 opinions
- People v. AlonzoNew York Court of Appeals · 2011
- Abarca v. People No. 13SC750, Hill v. People No. 14SC3, Medrano-Bustamante v. People No. 14SC7, People v. SmootsSupreme Court of Colorado · 2017
- Quintano v. PeopleSupreme Court of Colorado · 2005
- People v. AbiodunSupreme Court of Colorado · 2005
- People v. SimonSupreme Court of Colorado · 2011
97 more not listed; retrieve them via the Exa API.