Pellman v. People

Section 18-8-405.3, C.R.S. (2010) makes it a felony for a person to have unlawful sexual contact with a child vietim while occupying "a position of trust." Petitioner Mark Pellman argues that he was not in a position of trust at the time of the unlawful sexual contact between himself and the child victim in this case, L.B., because he was not performing a specific supervisory task at the time that the contact occurred.

The court of appeals held that Peliman was in a position of trust at the time of the unlawful sexual contact because he had an overall charge of duty or responsibility with…