People v. Vinson

Opinion by

Judge METZGER.

The sole issue in this appeal is whether seminal fluid from one masturbating and ejaculating onto clothing covering the intimate parts of another constitutes sexual contact for the purposes of § 18-8-405(1), C.R.S. 2001 (sexual assault on a child), and of § 18-3-405.3(1), C.R.S.2001 (sexual assault on a child by one in a position of trust). We conclude that it does and, accordingly, reverse the trial court's judgment dismissing the complaint and information against defendant, William Vinson, and remand the case for further proceedings.

Defendant was charged with one…