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PEOPLE v. VINSON

No. 01CA0676.

42 P.3d 86 (2002)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. William VINSON, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

January 17, 2002.

Attorney(s) appearing for the Case

Frank J. Daniels, District Attorney, Tammy Eret, Deputy District Attorney, Grand Junction, CO, for Plaintiff-Appellant.

Randy L. Brown, P.C., Randy L. Brown, Grand Junction, CO, for Defendant-Appellee.

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 § 18-3-405(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...

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