Understanding the Legal Age of Consent in Colorado

What Is the Age of Consent in Colorado?

In Colorado, the age at which a person can give legally valid consent to engage in sexual activities is 17 years. This means that individuals under the age of 17 years cannot provide legal consent to engage in sexual conduct or sexual intercourse. While many states have a lower age of consent, such as 16 years, Colorado sets the legal minimum at 17 years.
The statutory framework for the age of consent is provided by the Colorado Revised Statutes § 18-3-401 to 18-3-406. These sections outline various offenses set forth in the Sexual Offenses chapter of the Colorado Criminal Code. For example, under Colorado Revised Statutes § 18-3-402, one can face charges of sexual assault, sexual assault on a child, and sexual assault on a child by one in a position of trust. Likewise, in Colorado Revised Statutes § 18-3-404 , individuals can face charges of sexual exploitation of children.
In essence, if an individual is charged with a crime outlined in the Sexual Offenses chapter of the Colorado Criminal Code, they may find themselves facing serious criminal ramifications. Given that the legal age of consent in Colorado is 17 years, individuals charged should consult with a criminal defense attorney who is familiar with the laws governing the particular offense. Often, the penalties can result in superenhanced incarceration periods. Employers may also ask whether there has been a conviction of a sexual offense. Thus, understanding what the age of consent is as it relates to criminal law in Colorado will help individuals avoid complications that may otherwise affect their freedom and future.

Exceptions to the Age of Consent in Colorado

In Colorado, there are close-in-age exemptions (also called Romeo and Juliet laws) that may prevent criminal liability for certain types of sexual acts, even when one or the other of the party involved is below the age of consent. For example, persons who are 15 years of age or older, but less than 17, are punishable for unlawful sexual behavior (sex with a person who is under the age of consent) only when the actor is at least 10 years older than the victim. Colo. Rev. Stat. § 18-3-405(2)(a). A defense is also allowed if the age difference is less than four years old, and the minor victim is between the ages of 14 and 15, and the relationship between the two parties is consensual in nature. Colo. Rev. Stat. § 18-3-406(2).

Penalties for Violating the Colorado Age of Consent

Violating the age of consent laws in Colorado can carry significant legal penalties. If you are charged with sexual assault against a minor, then you could be facing harsh criminal and civil penalties. You may end up facing years in prison.
In Colorado, if you engage in sexual actions with a minor, then you might be charged with "sexual assault on a child by one in a position of trust," which is a class four felony, "sexual assault on a client by a psychotherapist," which is a class four felony, or "unlawful sexual contact," also a class four felony. If you committed these acts knowingly and cause injury, or if you used force, coercion, or threats, then you could be facing a class three felony for the sexual assault against a child by one in a position of trust. If you have a previous conviction for a sexual assault crime, then the penalty for these crimes is increased even more.
In some cases, you might even be facing charges of sexual assault in the first degree. Sexual assault in the first degree occurs when you intentionally or knowingly, either with intent to cause the death or serious bodily injury or with extreme indifference to the value of human life, induce the sexual penetrations or sexual contact of a child who is less than twelve years old.
In addition to the criminal penalties you might face, there could also be non-legal penalties that you might face, including being placed on a sex offender registry list that will be available for the public to view, restrictions that could keep you from places you’d like to go like parks or schools, and additional punishments. Some of these penalties can stay with you for life, and they can have a huge impact on your future.

Varying Age of Consent Laws in Other States

When discussing the legal age of consent, it is essential to put Colorado’s laws in context. How do they compare to neighboring states like Nebraska or Utah? What about California or Florida? The variations in the law can be surprising—especially when it comes to the differing ages of consent for heterosexual versus homosexual relationships.
Far fewer states have separate provisions for homosexual or "same-sex" relationships than for heterosexual ones. Colorado does not segregate its age of consent laws between homosexual and heterosexual relationships; the age of consent is 15 regardless of the involved parties’ sex or sexual orientation.
Ages of consent in other states range from as low as 11 years old (West Virginia) to 20 years old (Utah). As a general rule, states in the Midwest and South tend to have a higher age of consent than states in the Northeast. Most of the Northern states have an age of consent set at 16. However, many states allow minors to engage in relationships with partners within a certain age range— Alaska permits relationships between 13-16 year olds and partners no more than 5 years older than the younger person. In similar fashion, North Carolina permits relationships between a 14-year-old and a partner no more than 4 years older than them.
The relationship between the ages of consent and states’ laws on same-sex marriage, statutory rape, and other areas of law are complicated. Nevertheless, there are some consistent trends that make their way into law. Even though New York, Vermont, and Connecticut have legalized same-sex marriage for several years, they are all states where the legal age of consent is 17. Conversely, Alabama, Kentucky, and Mississippi have all banned same-sex marriage, but their ages of consent is as low as 16. In Nevada, where same-sex marriage is legal if the couple is younger than 70 , the legal age of consent is the lowest in the nation: 14.
The variation in the legal ages of consent across states—and even municipalities—reflects the differences in community standards and common law as well as how the government as a whole views the act of sexual intercourse or sexual activity between partners. While some legislatures and courts see the act of sexual intercourse as a serious criminal offense, for others it is viewed as a predominantly civil affair.
Legislators take a wide range of perspectives to the question of the legal age of consent. In Oklahoma, the state-level law addressing the legal age of consent carves out an exemption for spouses, saying, "Any sexually explicit material that features minors shall also be a public nuisance, except for the following: [i] Any sexually explicit material created in good faith exclusively for bona fide educational, medical, scientific, legal defense or law enforcement purposes."
In Utah, the legal age of consent is based on the principle that 18 is the minimum age for marriage in the state. However, several exceptions exist for religious communities in which the average marriage age is lower. The same is true in Idaho, where the legal age of consent is 18, except in "recognized sects whose religious beliefs oppose the age of majority or whose general customs oppose the age of majority being under the age of eighteen (18) years."
Wyoming is one of the states with the distinct "rule of three" exception. In that state, consenting sexual activity between minors who are between the ages of 15 and 19 is excluded from prosecution when each minor is no more than three years older than the other minor.
Indeed, amid all the variations in state law, two principles hold true: that what is legal in one state may be illegal in another, and that the law governing the age of consent and the broader debate about sexual behavior are ever evolving—and, unfortunately, may never be resolved.

Why It’s Important to Know About Consent and Age

Educating yourself on these age of consent laws protects the rights of your minor child, as well as your rights as a parent. It is vital for providing support and protection to a minor while also educating and informing them around appropriate and responsible behavior. Consent and age of consent laws are designed to protect minors, which means there are equally stringent laws on adult perpetrators who may take advantage of their authority, power dynamic, or position of trust or influence.

Help and Resources

For more detailed legal guidance on the sexual consent laws in Colorado, visit www.denverhelpattorneys.com, an online resource providing Colorado residents with access to valuable answers and information regarding civil and criminal matters . Free legal consultations are available from law firms connected to the site. For access to a full copy of relevant statutes, refer to Title 18, Article 3, Part 403 of the Colorado Revised Statutes, which covers all laws pertaining to sexual offenses.