What is Considered the Legal Age of Consent in Colorado?
The legal age of consent in Colorado is 17. This means that if a person is 17 years of age or older, they are considered an adult for purposes of the law, and no longer subject to statutory rape laws. For example, a 20-year-old teacher who engages in sexual relations with a 17-year-old student is not violating the law by virtue of the age alone. A 17-year-old who has consented to sex with a 19-year-old adult has not been sexually assaulted. However, a 17-year-old who is talked into sex by their 19-year-old boyfriend who promises them "the world" may still have a case for statutory rape.
Where statutory rape is concerned, Colorado statutes are quite clear as to what the law defines as consent, and where the law draws the line in terms of what constituted statutory rape. According to Colorado Statutes 18-1-503, "A person commits the crime of sexual assault in the first degree if such person knowingly inflicts sexual penetration or sexual intrusion on a victim …and: (b) At the time of the commission of the sexual assault, the victim is: (I) Less than fifteen years of age; or (II) Less than twelve years of age and the actor is at least four years older than the victim . "
A person commits sexual assault on a minor in the second degree under Colorado Statutes 18-3-402 if he: "(a) Being at least four years older than a victim under the age of eighteen years, knowingly subjects that victim to sexual contact; (b) Knowing the victim is an at-risk juvenile, knowingly causes the victim to touch the actor’s intimate parts, or the actor touches the victim’s intimate parts; (c) Knowingly subjects the victim, who is a child or an at-risk juvenile, to sexual contact and the victim physically resists and the actor knows that he or she cannot do so; or; (d) Without consent, knowingly subjects the victim who is incapable of appraising the nature of the victim’s conduct or physically helpless, to sexual contact or causes the victim to touch the actor’s intimate parts."
While the age of consent remains 17 years of age, any person at least 15 years of age, under Colorado Statutes 18-6-701, who "knowingly provides or agrees to provide" a minor with a controlled substance in order to engage in sex has violated the law. Further, under Colorado Statutes 18-7-402, a person who knowingly in a position of trust engages in a sexual relationship with a victim who is less than 18, and for whom the defendant is responsible, is guilty of sexual exploitation of a child.
History of Consent Laws in Colorado
The age of consent laws in Colorado have evolved over time, shaping the legal landscape surrounding the protection of minors. At the beginning of the 20th century, Colorado had age of consent laws that aligned with those of many states at the time. The age of consent was set at 10 in the late 1800s, but this was raised to 16 by 1951. Gradually, as societal attitudes towards minors shifted, the legal framework adapted to provide deeper protections.
In 1995, the General Assembly introduced Colorado Revised Statute §18-1-503(4) (b), which defined the age of consent as 15 years old. This marked a turning point in how Colorado viewed consent-related laws involving minors. By setting the age of consent at 15, lawmakers aimed to strike a balance: providing minors with more independence in their choices, while still protecting them from potential exploitation.
The state’s legal system has continued to adapt its sex offense laws to reflect the changing dynamics of society. Over the years, as jurisdictions across the country discussed reforms and amendments to their age of consent laws, Colorado consistently highlighted its legislative commitment to ensure that all minors are afforded the highest standard of protection under the law.
Penalties for Consent Law Violations
Violating consent laws in Colorado can carry significant legal consequences. First and foremost, the legal ramifications for sexual conduct fall into three major categories. These include indecent exposure, sexual assault, and unlawful sexual contact. Depending on the nature of the crime, the accused may be subject to a range of consequences. For example, the illicit sexual conduct of minors is considered by most to be a misdemeanor offense. However, adult sexual contact with minors generally constitutes a felony, sometimes federal, charge. Similarly, indecent exposure in Colorado is a class 1 misdemeanor unless there is intent to commit or offer to commit a sexual act on a victim or witnesses to the exposure. While there is no strict age designation dictating when a minor becomes an adult for sex offender classification purposes, Colorado state law uses the age of 10 as a point of demarcation for the purpose of filing charges against an adult. In other words, adults accused of engaging in unlawful sexual contact with minors younger than 10 can face quite a serious legal situation in Colorado courts. For minor victims older than the age of 10, the age of consent in Colorado is 15. Consequently, adults who engage in sexual acts with minors age 15 and older are subject to criminal charges ranging from statutory rape to sexual assault and incest. In Colorado, statutory rape (or sexual assault on a child by one in a position of trust) is designated as a class 2 felony offense. This designation could even increase when the child is less than 15 years old. If incarcerated, the guilty party could go away for up to 24 years. In addition to jail time and court costs, anyone found guilty of sexual assault (including statutory sex offenses) must also register with the Colorado sex offender registry, which can further limit access to employment, housing, and even mobility, and which also typically requires lengthy therapy and/or counseling sessions as well.
Exceptions and Defenses to Consent Violations in Colorado
In certain limited circumstances, exceptions exist, and the law allows for close-in-age sexual relations without violating the law.
The law has a statutory exception for close-in-age (i.e., "Romeo and Juliet") relationships, which is a key exception to the above-referenced prohibition of the age of consent. Under Colorado law, there is a "close-in-age" exception to the prohibition of sex with minors. This statutory exception prevents statutory rape charges if both partners are under the age of consent (of 17 years old) and the relationship is consensual and the perpetrator is not more than 4 years older than the victim.
As an example, under Colorado law, a 15-year-old can have consensual sex with a partner who is 19 years old, and it will not be statutory rape. However, if the 15-year-old has sex with a stranger who is 20 years old or older, it is going to be statutory rape. On the other hand, if the minor and the accused are not similarly aged, or the minor is older than 15, it may be statutory rape. Likewise, if the accused is more than four years older than the victim, it will be statutory rape.
As a further example, assume in one case, a 25-year-old man has sex with a 17-year-old woman. In this case, the man will be guilty of statutory rape; however, if the victim is 16 years old, the defendant will be acquitted, based on this close-in-age exception.
Nevertheless, although the close-in-age exception sounds like a good defense, it does not prevent a person from being prosecuted. For example , in a case currently at the Colorado Supreme Court, as reported by The Denver Post, an 18-year-old high school senior was accused of having sex with his then-14-year-old girlfriend. Interestingly, the girl’s father knew about their sexual relationship and even chaperoned a family trip the couple took to Mexico.
Under the Colorado close-in-age exception, it is an "affirmative defense" to the crime of sexual assault on a child that, (1) the victim was over 14-years-old before the close-in-age law was amended; (2) the victim consented to the act; (3) the accused was less than four years older than the victim; and (4) the accused was under 19 years of age.
In the case referenced above, the defendant was 18 years old at the time of his arrest. Although the victim was 14 years old, as set forth in the article, this case revolves around other facts that, together, demonstrate that the defendant assaulted the victim and were sufficient to overcome the affirmative defense recognized by the close-in-age exception:
On the other hand, not all relationships between adolescents under the age of consent are exempt from statutory rape charges. The law prohibits sexual activity between a minor under 15 years of age with a partner who is more than 4 years their senior. Consequently, a 16-year-old can engage in sexual relations with another partner who is 19 years old, but not 20 years old. The same rule applies to other types of sexual activity, including but not limited to: kissing or fondling on any private area such as the breast, groin, buttocks, or mouth.
Comparative Analysis with Other States
In examining Colorado’s age of consent laws, it’s helpful to consider how they compare with those in other states. As mentioned, Colorado’s age of consent is 17. In most states, you also have to be at least 16 to legally consent to sexual contact with a person who is at least five years older than you. A few states like Alabama and Delaware set the age of consent at 18, but generally, the age of consent in the United States lies between 16 and 18 years old.
In the District of Columbia, the age of consent is also 16, as it is in New York state, Louisiana, Virginia and Kansas. Meanwhile, it is 17 in Ohio, California, Florida and Minnesota. It is 18 in Idaho, Montana, South Dakota and Arizona.
Canada uses a similar standard as that of the United States. Age of consent there is 16. There is a close-in-age exemption for those ages 12-15, however, if the difference does not exceed five years.
Legal Guidance and Resources
The legal age of consent in the state of Colorado represents a complex interplay of considerations that extends beyond the mere ability to consent to sexual activity. The laws surrounding the legal age of consent must be interpreted in conjunction and it is essential to partner with legal experts who possess the necessary insight to properly navigate these complex waters. Only a competent Colorado attorney can accurately explain the intricacies of these issues, as well as address the nuances that may affect your case.
If you are facing a case related to legal age of consent in Colorado, or if you are simply seeking to gain a better understanding of the current law, the following resources provide comprehensive and informative guidance:
Colorado Legal Services: LGBTQ General Information
As the state’s non-profit legal information website, Colorado Legal Services offers a myriad of legal resources pertaining to various age of consent issues in Colorado. The resources within this portal cover all the most pressing questions related to this area of law, with information on what actions may affect your legal position and what potential legal consequences you may encounter . It also addresses a wide range of topics, including sexual assault, domestic violence and other issues that involve sex and minors.
Colorado Coalition Against Sexual Assault
The Colorado Coalition Against Sexual Assault provides a wide range of resources related to sexual assault for those who have been victimized and the general public. In addition to useful resources like tip sheets, journal articles and educational videos, CCASA provides a state-by-state summary of the specific age of consent laws that exist within each jurisdiction. If you are facing a case related to sexual offenses, including those based on issues of consent, the resources provided by CCASA can provide useful background info.
Attend a Q&A with a qualified Colorado attorney
One of the best ways to learn more about the legal age of consent requirements in Colorado is to attend a free Q&A session with an experienced Colorado attorney. These sessions will give you the opportunity to ask all of your questions and learn more about complex legal issues related to the legal age of consent, while receiving advice from legal professionals who are capable of providing context and other information on the subject.