What is the Age of Consent in Colorado?
The legal age of consent in Colorado is set at 17 years old, according to Colorado Revised Statutes Section 18-3-404. This means that in the eyes of the law, you cannot legally have sex with a person who is younger than 17. The only exceptions to this rule are "Romeo and Juliet" exemptions, which are not relevant to the majority of cases.
This law is fairly standard throughout the country, but in some states, the age of consent is different. For example, in states such as Alaska, Alabama , Kansas, Minnesota, Ohio and Texas, the legal age of consent is 16. In states such as California, Florida, Idaho and South Dakota, it is 18. In our neighboring state of Wyoming, the age of consent is 16.
While 17 may be a fairly normal age of consent for much of the United States, the age of consent in Colorado can still be extremely perplexing to some. For the most part, there are no exceptions to the law. Just because a person is sexually active does not mean they are of consent age.
The Importance of the Age of Consent in Colorado Law
In Colorado law, the age of legal consent is a significant factor that can influence various aspects of legal cases and decisions. It sets the legal boundary for sexual activities involving minors and can determine whether consensual sexual actions lead to criminal charges. Understanding where the lines are drawn within this legal framework is essential for anyone who may find themselves interacting with the law in a situation involving a minor.
For example, the legal age of consent in Colorado is 17 years old, meaning that any sexual activity with someone below that age could be considered statutory rape, even if both parties willingly participated. The significance of this cannot be understated, as it can turn a potentially consensual relationship into a criminal case. However, the age differential between two parties also plays a crucial role in legal decisions. If someone above the age of consent engages in a sexual act with someone who is below the age, and is within 10 years of the other person, this can qualify as sexual assault on a child by means of one in a position of trust, an offense in Colorado that carries serious penalties.
This nuance of the law highlights the importance of legal counsel when navigating complex situations involving minors. It’s not just the age of minor that matters, but also the age of the other party involved, the nature of the relationship between the two, and how the law defines consent and coercion. Legal statures take into account many factors when deciding on the outcome of a case.
These legal boundaries and their nuances can have lasting implications for both the minor and the adult involved. It is essential for both parties to understand their rights and the potential consequences they may face if the law has been broken. In a case of statutory rape or sexual assault, victims may suffer from physical or psychological trauma, while the perpetrator may face severe penalties that can include jail time, fines, and a sex offender registry requirement.
Because of how serious and life-altering such criminal allegations can be, it is vital to have an understanding of the law, its definitions, and its implications so that anyone involved will know how to react properly and legally.
Exceptions to the Age of Consent Law in Colorado
While consent laws can feel like a double edge sword, there are certain circumstances where "children" become legal adults under the law. In Colorado, the "close-in-age" exemption, sometimes called the "Romeo and Juliet" law, allows minors who are no more than two years apart in age the freedom to have consensual sex. To be considered legal in the eyes of the law, both parties must be at least 15 years of age and there cannot be more than a 4-year age difference between the two individuals.
In addition to the close-in-age exemption, Colorado Statute Section 18-3-404 also provides for a "trusted adult" exception that allows individuals who are 15 years of age or older to have sex with a trusted adult if that adult does not have a household or supervisory role over the younger individual. Under the statute, the "trusted adult" cannot be a parent, a step-parent or one of the individual’s foster parents, or an individual who has or has had responsibility for the individual’s basic or extended welfare. Basically, anyone who is in a caretaker role over the individual at any point with access to the minor’s financial records, medical records or private documents used for identification of the individual cannot be a trusted adult.
Colorado also does not prosecute two minors engaging in a consensual sexual relationship where both individuals are younger than 15 years of age. In such a case, there is no legal wrongdoing.
Consequences of Violating Age of Consent in Colorado
Violating the Consent Laws in Colorado has Legal Consequences
The legal consequences of violating these consent laws vary. Each punishable offense has a corresponding penal code, which makes it easier to determine the potential penalty for an alleged violation . In summary, however, the following are the consequences for each major violation:
Penal Code Offense
Statute
Minimum (Mandatory) Sentence
Maximum Sentence
Prostitution
18-7-101(3)
10 days
180 days
Patron of Prostitution
18-7-111
60 days (Depends on offense)
12 months (Depends on offense) (Class 1 / Class 2 misdemeanor)
Sexual Assault (first-degree)
18-3-402(1)(a)
4 years to life (determinate)
Class 2 felony
Sexual Assault (second-degree)
18-3-403(1)(a)
2 to 10 years (indeterminate)
Class 4 felony
Sexual Assault (third-degree)
18-3-404(1)
2 to 6 months
Class 1 petty offense
Statutory Rape
18-3-405(1)
2 years to life (determinate)
Class 2 felony
Statutory Rape (victim over age 15)
18-3-405(2)
1 to 6 years (indeterminate)
Class 4 felony
Illegal Sexual Contact
18-3-404
6 months to 2 years (indeterminate)
Class 6 felony
Child Prostitution
18-7-402
6 years to life (determinate)
Class 2 felony
As these penalties suggest, there are legal defenses to any of the above conduct. So just because you have been charged with a sexual offense does not mean that you will have to suffer the consequences. For other defenses, see Criminal Defense.
Your Rights and the Importance of Consent
As indicated in our previous section of this blog, the laws surrounding age of consent in Colorado are fraught with controversy. The reason for this is that an individual’s conviction on a sexual offense can stem from sexual conduct that was legal under law, as well as consensual and wanted by both parties. The implications of a conviction on any sexual offense can be serious and include jail time, registration as a sex offender, and fines. Thus, it is vital for an individual – be they young adult or parent – to fully understand and navigate the law.
In Colorado, when a person faces allegations of sexual misconduct it is highly recommended to have knowledgeable legal representation. In addition to an experienced attorney, the accused must know their legal rights. These rights include:
Although the above are important rights for the accused, it is also crucial that the victim be aware of their rights. For example, many intimate acts are legal so long as the victim is thirteen years of age or older. Despite the permissibility of such acts, it is important for the victim to understand their rights concerning consent. In Colorado, the following are general rules regarding consent:
In order to understand how the law impacts the rights of individual persons, consider the following hypothetical example: Eric and Megan are both seventeen years old. Eric has been dating Megan for the last few months but her parents forbade her from seeing him. Despite that, Megan and Eric decide to meet at Megan’s home when her parents are gone, at which point they engage in intimate acts. A few days later, Megan tells her parents about her relationship with Eric and they file a statutory rape charge against him. Under the law, Eric will not be charged with a crime and cannot be required to register as a sex offender. Furthermore, as both Eric and Megan were of the legal age of consent, Colorado law won’t consider Eric and Megan’s relationship illegitimate.
Although the above hypothetical may seem straightforward in light of the law, a situation involving misunderstandings of consent can often involve deep personal implications and complexities for all involved. Due to the life-altering nature of the implications of such charges, it is crucial that youth and parents understand the law and seek experienced legal representation when dealing with such allegations.
Resources for Legal Issues Involving the Age of Consent
For those individuals or parents needing support or guidance on issues related to the legal consent age in Colorado, here are a few useful resources: Divorce Matters – A resource for parents contemplating or going through a divorce. This website offers articles from child custody and family law experts. RYSE Center – An organization that provides resources to youth and their families in the areas of teenage pregnancy, sexual health education, and sexually transmitted disease prevention . Colorado Coalition for Sexual Health – This organization provides information about the law and legal issues concerning the legal consent age in Colorado, as well as additional resources for sexual health programs. The Denver Foundation- This organization is not a legal aid society, but it has a very handy list of legal aid agencies in the Denver area, with the area of support they provide.