Colorado Age of Consent Laws

In the state of Colorado, you can legally agree to have sex once you actually turn 17. At 17 or older (the “age of consent”), you’re allowed to have sex with anyone else, no matter how old they are. So a 17-year-old might choose to start a relationship with someone who’s 18, 30 or even 90.

Are There Any Exceptions?

If you fall under the close-in-age exemption, things will work a little differently for you. Someone who’s 15 or 16 can agree to have sex with someone who’s less than 10 years older than them. For anyone who’s 14 or younger, they can only agree to have sex with someone who’s less than four years older than them.

There’s also a marriage exemption. If someone is married to a person who’s under the standard age of consent, sex between them is allowed as long as they have a valid marriage license and parental consent or judicial approval.
Next let’s check out a few examples that show when these exceptions might come up in the state of Colorado.

In Scenario A where the exemption fits, Jake is 19 and his girlfriend, Laura, is 16. Even though Laura is still younger than the usual age of consent, Jake isn’t 10 years older than her. So in this case, their sexual relationship counts as legal because of the close-in-age rule.

In Scenario B where the exemption doesn’t fit, David is 23 and his girlfriend, Sarah, is 16. David is 10 years older than Sarah, so their relationship would break Colorado’s statutory rape laws.

In the first marriage scenario, Sam is 20 and he’s legally married to Lily, who’s 16. They have a valid marriage license and got Lily’s parents’ approval before marrying. As a result, their sexual relationship is legal in Colorado, even though Lily is under the standard age of consent.

In the second marriage scenario, Mike, 22, says he is in a common-law marriage with Katie, who’s 15. They didn’t get a marriage license and they didn’t have consent from Katie’s parents or a judge. Because they skipped these steps, the marriage exemption doesn’t cover them, so their sexual relationship would be illegal under Colorado law.

What Are the Penalties for Violating Age of Consent Laws?

In Colorado, the penalties for breaking the age of consent laws can change depending on the ages involved and the facts of what happened.

If you’re charged with a misdemeanor, you could spend anywhere from six to 18 months in jail and the fine could reach as high as $5,000. When the offender is at least four years older than someone who’s 14 or younger, that particular situation can become a class 4 felony.

If that happens, you could face two to six years in prison and a fine of as high as $500,000. The penalties can become more severe if the offender has any trust or authority over the victim, who was 18 or younger. In that case, it becomes a class 3 felony, with possible prison time ranging from four to 12 years and fines of as high as $750,000.

Statutory rape charges can come up whenever someone has sex with a person below the age of consent. The younger person’s agreement is irrelevant. This type of crime is considered “strict liability”, so it doesn’t matter if the offender knew how old the other person was, meant to break the law or made an honest mistake about age.

One wrong guess about age can change everything. The only times the law makes an exception are when the people involved are married or when they fit within a close-in-age rule.

Are There Any Defenses?

You can claim that you didn’t commit the crime or that what’s being alleged didn’t actually take place.

If you were married to the person at the time, you can make that point in your defense too. It’ll include showing that you had a valid marriage license and, if needed, that you have the parental consent or approval from a judge.

There’s also a close-in-age rule, sometimes called the Romeo and Juliet law in legal circles. If you and the other person are close enough in age, you might just fall under this law. Quick example, if you were less than 10 years older than a 15 or 16 year old or less than four years older than someone who was 14 or younger, it’ll sometimes apply to your case.

You won’t be able to use the defense that you didn’t know or were mistaken about how old the other person was. Even if the other person lied about their age to you, that doesn’t change things. Intent doesn’t factor in. With statutory rape, what you knew or intended doesn’t matter in court.

You also can’t use the person’s consent as a defense in your case. When someone is under the age of legal consent, their agreement isn’t legally recognized by the law, so it can’t be used in court at all.

Should I Seek Legal Help?

If you have a situation where Colorado’s age of consent laws might affect you, it’s a good time to look for some professional legal help. Misunderstanding or misapplying these laws can lead to serious consequences for you. LegalMatch, an online legal matching service, connects you directly with skilled Colorado criminal lawyers who can help you.

People look for Colorado criminal lawyers through LegalMatch for different reasons. Maybe you or someone close to you is facing charges related to Colorado’s age of consent rules. It could also be that you’re in a very tough situation and need some clear legal advice to make sure that you’re staying within the law. Either way, when you have an experienced criminal lawyer on your side, it makes things a bit easier to manage.

LegalMatch takes the stress out of finding the right lawyer for your requirements. Just share the facts of your situation with them and, within a few hours, you’ll get matched with attorneys who have experience with cases like yours. You get to look over their professional background, rates and reviews before picking who to hire, so you can feel confident about your choice.

Colorado’s age of consent laws involve complex legal details and if you get something wrong, it can result in criminal charges. One slip can change everything. Even if you think you’re following the law, when you talk to a lawyer, it helps you stay away from mistakes that could change your life forever. A good criminal lawyer will tell you about all your rights, put together a solid defense if you need one and help you through every step of the process.

You should protect your future now. LegalMatch can give you an easy way to find good legal support in Colorado. With an experienced criminal lawyer, you’ll be better equipped to handle your situation. Take the first step and reach out to LegalMatch.