Legal Question in Criminal Law in Colorado

Legal age of sexual concent

I have conflicting information about the age either a male or female may give permission to have sex. Some say 16 here Colo. Others say 18 and another 18 but you have to also be not more than a certain number of years older. What are the real rules? Or where can I go to get the rules?


Asked on 1/23/01, 9:12 pm

1 Answer from Attorneys

Lisa Polansky Attorney at Law

Re: Legal age of sexual consent

There are different criminal statutes applying to sexual contact with minors. One statute (C.R.S. 18-3-404) punishes conduct that involves sexual contact or exploitation of a child under 18 as a class four felony. Another statute (C.R.S. 18-3-405) punishes conduct that involves sexual contact with a child under 15 and the person is four or more years older than the child. That statute classifies that as a class four felony. Yet another statute (C.R.S. 18-3-405.3) punishes conduct that involves sexual contact with a child under 18 if the person is in a position of trust, a class four felony unless the child is under 15, then it is a class three felony (more serious punishment.) Also, take note that a juvenile (under 18) can be prosecuted for these offenses; example...a 15 year old has sexual contact with a 12 year old, he can be punished as a class four felony. I hope this answers your question, for your information, C.R.S. refers to Colorado Revised Statutes. Should you have any further questions or need representation, please don't hesitate to call me at (303) 549-1953. Good luck. Lisa Polansky

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Answered on 3/07/01, 11:43 am


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