The Minimum Legal Age for Sex in Colorado
The Legal Age of Consent in Colorado
In accordance with Colorado Revised Statute § 18-3-402, "consent" is defined as "cooperation in a prohibition or avoidance of an act." So, the age at which an individual can provide that consent for sexual contact or interaction is 17 years of age. When looking at the statutory language, it is important to note that even a person under the age of 17 can consent to sexual contact as long as both individuals involved are over the age of 15. Under Colorado Revised Statute § 18-3-404 , if both individuals are between the ages of 15-17, it is known as enticement of a child, and while the charge is still a felony, it is a lesser class than it would be if either individual were involved did not fall into that specific age range (both under the age of 15 or both over the age of 17).
Impact of the Laws on Consent
The consent laws of Colorado have a direct effect on all relationships, from teenage to elderly, and the ramifications of those laws can be steep. As previously discussed, the legal age of consent in Colorado is 17 years old. If you are 24 or older and regardless of the age of your partner, if that partner is under 15 years old, you are guilty of a sexual assault on a child by one in a position of trust, Colorado Revised Statute 18-3-405. A conviction for this statute is a class two felony, which if committed on or after July 1, 1993, carries a mandatory penalty of five years to life imprisonment.
If you are 18 years old to 23 years old, your sexual penetration with a partner aged 15 years old to 17 years old is defined as a sexual assault in the second degree – Colorado Revised Statute 18-3-403.3. A conviction is a class one misdemeanor, which carries a maximum penalty of two years in prison and eighteen months to three years of probation.
If you are an adult and currently married to someone below the legal age of consent and believe you are having legal sexual contact, you are mistaken. The acrimony and hardship of a divorce proceeding with such an illegal sexual relationship cannot be expressed sufficiently in one short blog post. Moreover, the outcome of such a divorce – if you are convicted of a sexual crime – can result in you losing custody of your children from a legal marriage with a spouse above the age of consent.
The bottom line is that the consent laws in Colorado are serious felonies and are taken very seriously by the Colorado justice system.
Exceptions and “Close-in-Age” Exceptions
Even with the stringent age of consent laws, Colorado statutes include a few exceptions. As a separate crime, sexual conduct with a child under-age 15 would seem to require a mandated penalty of sex offender registration. However, Colorado law does not kick in that order of registration unless the convicted individual was more than two years older than the victim at the time of the offense. That means, for example, that a 15-year-old female who had sex with her 17-year-old boyfriend would likely not be required to register even if the couple could not claim mutually consentuality. If they each were only one year apart, there is no sex offender registration required. A further layer of nuanced protection for even younger couples is found in the close-in-age exception. Under that consideration, while having sex with a 14-year-old is unlawful for anyone over 18, a teenager who is close to that age, within four years, may have some legal protections. These exceptions were designed to protect from prosecution high school couples who might get themselves arrested in a moment of youthful indiscretion.
How Colorado Consent Laws Stack Up to Other States
Compared to their counterparts in 17 other states, Colorado’s age of consent laws are relatively lenient. Twelve states have a legal age of consent set at 16 years old. Those states include Alaska, Arkansas, California, Connecticut, Delaware, Indiana, Iowa, Kansas, Louisiana, New Jersey, North Carolina and Texas. Seven states and Washington D.C. have a legal age of consent set at 17 years old. They are Nebraska, Nevada, New York, Ohio, Oklahoma, South Carolina and Washington. Nine states enforce stricter laws for minors under 13 years old. These states (and their minimum ages of consent) are as follows: Alabama (16), Florida (18), Georgia (16), Idaho (16), Kentucky (16), Massachusetts (16), Michigan (16) and West Virginia (16) . Only Utah has an age of consent lower than that of Colorado. Their minimum is only 12 years old. All other states set their minimum age of consent at 14 or higher. Colorado’s "close in age" exception is a unique feature of the state’s age of consent laws. Twenty-three other states have similar exceptions that allow for sexual contact between minors of certain ages. However, most of these states’ "Romeo and Juliet" laws limit the provision to couples who are no more than two or three years apart (rather than the up to four years provided by Colorado).
Penalties for Breaking the Law on Consent
Violating age of consent laws can carry criminal court charges and penalties. Under Colorado laws, many offenses related to sexual conduct with a minor have different degrees. They are generally graded based on the age of the victim, the age and status of the alleged offender, and the particular circumstances of the case.
If a person is accused of unlawful sexual contact with a victim younger than 15 years old, he or she may be charged with sexual assault in the second degree, which is a class 4 felony. If the age of the victim is between 15 and 17, the alleged offender may be charged with sexual assault in the fourth degree, also a class 4 felony.
Sexual assault in the first degree, or class 2 felony sexual assault, occurs when a person engages in sexual intercourse with a victim younger than 12, or if the victim is 12 to 15 years old and the perpetrator is at least 4 years older. If the defendant is in a position of trust with the victim (such as a coach, teacher, or family friend), sexual assault in the third degree, a class 5 felony, occurs when the defendant is 10 or more years older than the victim.
Charges of enticement of child, which occurs when a person lures a child younger than 15 with intent to engage in sexual contact, could lead to a class 4 felony charge (or even a class 3 felony if the child is under 15 years old) if the defendant is at least 4 years older than the alleged victim. Aggravated incest, in which a person who is at least 10 years older has sexual contact with a victim who is his or her child or grandchild or another dependent child, is a class 2 felony. Aggravated incest is a class 3 felony if the defendant is less than 10 years older than the victim.
If a defendant is accused of possessing or distributing child pornography, he or she may face charges of sexual exploitation of children. This crime can go from a misdemeanor to a class 3 felony; severity is determined by the number of images found in the defendant’s possession. If found guilty of this crime, a person could lose his or her job or profession if it is considered sensitive to children, among other penalties.
Where to Learn More About Colorado Consent Laws
For individuals seeking more information from a legal perspective, there are several state resources available. The Office of the Colorado Attorney General provides a thorough overview of Colorado statutory rape laws and their exemptions, as well as frequently updated information about a number of related topics, including sex offender registration and an overview of application procedures for parole and probation supervision. The Colorado Judicial Branch also has a helpful website with links to Colorado Revised Statutes and general information about Colorado criminal law within the state court system. Citizens may also submit questions to the Colorado Judicial Center for answers from its dedicated attorney team , or find a sample packet of court forms online. Finally, the Colorado Coalition Against Domestic Violence (CCADV) is a statewide coalition of organizations dedicated to fighting domestic violence. Its website offers strong representation from organizations working on behalf of survivors of domestic violence in the state.