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In Colorado, the age of consent legally to have sex is seventeen 17 years old. However, under the close-in-age exception Romeo and Juliet lawa 15 or year-old may legally consent to sex with someone less than 10 years older, and minors 14 and younger may legally consent to sex with someone less than four years older. Otherwise, having sex with a non-spouse under the age of 17 constitutes the crime of statutory rape. To help you better understand the law, our Denver Colorado criminal defense lawyers discuss, below:.

This means that a person 17 years of age or older may consent to have sexual intercourse with any other person, regardless of age. A year old could choose to engage in sexual intercourse with:. Once a person reaches the minimum age of 17, consensual sex is permitted with any other person who is also above the age of Younger children are not generally mature enough to understand the impacts of the decision to have sex, including:.

Even if the sex is consensual, a person who engages in sexual intercourse with a person under the age of sexual consent is guilty of violating Colorado statutory rape laws even if the other person consented to the sexual acts.

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Often, criminal defendants will argue that not only did the underage person consent but that he or she offered and initiated the sexual encounter. The fact it was not forcible rape does not matter. If the person is underage, he or she cannot legally consent, even if the underage person does consent. Many criminal defendants argue they did not know the age of the person, but this is no defense. This is true even when the person lies about his or her age. Certain exceptions exist to the age of consent laws in Colorado, but they are very specific and limited. The close in age exception to the age of consent law recognizes that those who are close in age should not necessarily be charged with sex crimes or sexual abuse due to a legal consent question.

Example: Claire is a year-old and chooses to have sex with Anthony, who is If instead, Anthony was 21, he could be charged criminally, as Claire is too young to consent to have sex with him. This means that a person who is 16 years old could consent to have sex with someone who is 25 years old because the older person is less than 10 years older than the younger person.

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Those individuals who are legally married can consent to sexual intercourse with one another. The marriage must be a legal, valid marriage in order to qualify for this exception. Colorado does not recognize common law marriage when one of the partners is under If a person under the age of consent is legally married, even when the age difference is above 10 years, that person can legally consent to have sex with his or her spouse. Statutory rape is a term that means that someone had sex with another person who was not old enough to give legal consent. Statutory rape is a class 1 misdemeanor if the minor is 15 or 16, and the defendant is at least 10 years older than the minor.

Statutory rape is a class 4 felony if the child is 14 or younger, and the defendant is at least 4 years older than the. See our article on the Colorado Sex Offender Registry. The charge of sexual assault of is a closely related offense to statutory rape.

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If a person:. Colorado judges are aware that there are people who are wrongly accused, and there are legal defenses that can be used to defend you against criminal charges. Note that honestly believing the child was at least 17 — called mistake of fact — is not a defense. This is because statutory rape is a strict liability crime. Contact our criminal law firm to discuss creating an attorney-client relationship. Our law office offers free consultations and legal advice.

For California cases, please see our on age of consent laws in California. You may also find useful discussion in our article on laws and rules for dating minors in Colorado. Disclaimer: cannot be guaranteed. A person convicted solely of sexual assault pursuant to this subsection 5 shall not be sentenced under the crime of violence provisions of section Any sentence for a conviction under this subsection 5 shall be consecutive to any sentence for a conviction for a crime of violence under section II The provisions of this paragraph b shall apply to offenses committed prior to November 1, Updated April 26, 17 years of age In Colorado, the age of consent legally to have sex is seventeen 17 years old.

However, under the close-in-age exception Romeo and Juliet lawa 15 or year-old may legally consent to sex with someone less than 10 years older, and minors 14 and younger may legally consent to This form is encrypted and protected by attorney-client confidentiality. Please attach any citations, booking sheets, police reports or other relevant documents. Attach another file if needed.

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To help you better understand the law, our Denver Colorado criminal defense lawyers discuss, below: 1. What is the age of consent in Colorado?

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Does it matter that the underage person wanted to have sex and consented? Are there certain exceptions to the law in Colorado? What is statutory rape? What is sexual assault on ? How do I defend myself against these charges? CRS d. CRS to marry Satisfactory proof that each party to the marriage will have attained the age of eighteen years at the time the marriage becomes effective; or, if over the age of sixteen years but has not attained the age of eighteen years, has the consent of both parents or guardian or, if the parents are not living together, the parent who has legal custody or decision-making responsibility concerning such matters or with whom the child is living or judicial approval, as provided in section ; or, if under the age of sixteen years, has both the consent to the marriage of both parents or guardian or, if the parents are not living together, the parent who has legal custody or decision-making responsibility concerning such matters or with whom the child is living and judicial approval, as provided in section See also People v.

Chavez, Colo. Jurado, Colo. Wray, 10th Cir. When is domestic violence a felony in Colorado? How do I renew a concealed carry permit in Colorado?

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What felonies cannot be expunged? Contact Our Firm This form is encrypted and protected by attorney-client confidentiality.

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