Colorado Age of Consent Laws 

In Colorado, the age of consent for sexual activity is 17 years old. This means that anyone under the age of 17 cannot legally engage in sexual activity with an adult. However, the law includes some critical exceptions and nuances that a Lakewood criminal defense lawyer from Flesch Law can help minors and adults understand.

General Age of Consent Rule

Colorado law does not explicitly define the age of sexual consent. Instead, it assesses individuals’ legal capacity, based on their age, to consent to sexual activity. Colorado sets the age of consent at 17, meaning individuals under this age are legally considered incapable of consenting to sexual activity. This applies to any sexual activity, including intercourse, and protects minors from exploitation or abuse by older individuals.

Close-in-Age Exemptions

To protect teens from facing criminal charges for engaging in sexual activity with peers of similar ages, Colorado has a close-in-age exemption under Colorado Revised Statutes §18-3-402. These laws, often referred to as “Romeo and Juliet” laws, allow for consensual sexual activity between minors and older individuals under certain conditions:

• Minors aged 14 or below: Can legally engage in sexual activity with a consenting partner who is no more than four years older

• Minors aged 15 or 16: May engage in consensual sexual activity with someone up to ten years older without it being considered a criminal offense

These exemptions balance the need to protect minors from potential abuse while acknowledging that young people may form relationships with older teens or young adults without legal ramifications.

Consent is Key

Although the age of consent in Colorado is 17, consent must be given voluntarily and freely. If a minor is coerced, threatened, or manipulated into sexual activity, the act becomes illegal regardless of their age. Additionally, minors who are incapacitated due to drugs, alcohol, or other substances cannot legally consent to sexual activity.

Certain relationships, such as those involving a teacher, coach, or someone in a position of authority, are prohibited regardless of the minor’s age. These laws are in place to protect minors from potential abuse and exploitation by trusted adults.

Penalties for Violations

If you are caught engaging in sexual activity with a minor who is under the age of consent, you can face serious legal consequences. Charges may range from sexual assault to statutory rape, and the penalties can include prison sentences, fines, mandatory sex offender registration, and long-term damage to your personal and professional reputation.

Defenses to Sexual Assault or Statutory Rape Charges

If you are charged with a crime involving sexual contact with a minor, there are several potential defenses that may be available to you, including:

• False accusations: It is possible that the alleged victim has falsely accused you due to several reasons, such as anger, jealousy, or revenge.

• Mistake of age: In some cases, you may have a mistaken belief about the alleged victim’s age. This defense may be available if you took reasonable steps to verify their age before engaging in sexual activity.

• Consent: Even if the alleged victim is a minor, the prosecution must still prove that there was no consent. They must freely and voluntarily give consent without coercion or pressure.

Consult a Criminal Defense Attorney

If you or someone you know is facing charges related to age of consent violations, it is crucial to consult with a criminal defense attorney immediately. Our experienced lawyers at Flesch Law can help you understand the charges against you, develop a defense strategy, and protect your rights. Contact us today to schedule a free consultation.