Pellman v. Colorado

Colorado state law makes it a felony for a person to have unlawful sexual contact with a child while occupying a "position of trust." Petitioner Mark Pellman appealed an order of the Court of Appeals that found that he was in a position of trust at the time of the unlawful contact between himself and his child victim. Petitioner was a friend of the victim's family, and from 2000-2005, visited with the family, attended the same church, and babysat the victim. In 2005, Petitioner chaperoned a trip to an amusement park when the alleged contact took place. On appeal to the Supreme Court, Petitioner argued that he was only in a position of trust at specific times, the last of which was when he chaperoned the amusement park trip. The appellate court rejected this argument, and after review, the Supreme Court rejected it as well. The Supreme Court found that under the language of the applicable statute, a defendant might be in a position of trust through an ongoing a continuous supervisory relationship with the victim, regardless of whether or not the defendant was performing a specific supervisory task at the time of the unlawful contact. The Court found sufficient evidence to support the appellate court and affirmed its decision. View "Pellman v. Colorado" on Justia Law