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Colorado -- Age of Consent
Also see:  Child Porn?  Or After School Job?

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http://www.state.co.us:8765/
http://jeffconet.jeffco.k12.co.us/safety/investigations/statutes.html
http://216.239.51.100/search?q=cache:2FRO03zn9PIC:www.calib.com/nccanch/pubs/stats00/computer.pdf+%22sexual+exploitation+of+a+minor%22+18-6-403&hl=en&ie=utf-8

18-3-402. Sexual assault. (1) Any actor who knowingly inflicts sexual intrusion or sexual penetration on
a victim commits sexual assault if:
(a) The actor causes submission of the victim by means of sufficient consequence reasonably calculated
to cause submission against the victim's will; or
(b) The actor knows that the victim is incapable of appraising the nature of the victim's conduct; or
(c) The actor knows that the victim submits erroneously, believing the actor to be the victim's spouse; or
(d) At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at
least four years older than the victim and is not the spouse of the victim; or
(e) At the time of the commission of the act, the victim is at least fifteen years of age but less than
seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the
victim; or

(f) The victim is in custody of law or detained in a hospital or other institution and the actor has
supervisory or disciplinary authority over the victim and uses this position of authority to coerce the
victim to submit, unless the act is incident to a lawful search; or
(g) The actor, while purporting to offer a medical service, engages in treatment or examination of a victim
for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable
medical practices.
(2) Sexual assault is a class 4 felony, except as provided in subsections (3), (4), and (5) of this section.
(3) Sexual assault is a class 1 misdemeanor if committed under the circumstances of paragraph (e) of
subsection (1) of this section.
(4) Sexual assault is a class 3 felony if it is attended by any one or more of the following circumstances:
(a) The actor causes submission of the victim through the actual application of physical force or physical
violence; or
(b) The actor causes submission of the victim by threat of imminent death, serious bodily injury, extreme
pain, or kidnapping, to be inflicted on anyone, and the victim believes that the actor has the present ability
to execute these threats; or
(c) The actor causes submission of the victim by threatening to retaliate in the future against the victim, or
any other person, and the victim reasonably believes that the actor will execute this threat. As used in this
paragraph (c), "to retaliate" includes threats of kidnapping, death, serious bodily injury, or extreme pain;
or
(d) The actor has substantially impaired the victim's power to appraise or control the victim's conduct by
employing, without the victim's consent, any drug, intoxicant, or other means for the purpose of causing
submission; or
(e) The victim is physically helpless and the actor knows the victim is physically helpless and the victim
has not consented.
(5) (a) Sexual assault is a class 2 felony if any one or more of the following circumstances exist:
(I) In the commission of the sexual assault, the actor is physically aided or abetted by one or more other
persons; or
(II) The victim suffers serious bodily injury; or
(III) The actor is armed with a deadly weapon or an article used or fashioned in a manner to cause a
person to reasonably believe that the article is a deadly weapon or represents verbally or otherwise that
the actor is armed with a deadly weapon and uses the deadly weapon, article, or representation to cause
submission of the victim.
(b) (I) If a defendant is convicted of sexual assault pursuant to this subsection (5), the court shall sentence
the defendant in accordance with section 18-1-105 (9) (e). A person convicted solely of sexual assault
pursuant to this subsection (5) shall not be sentenced under the crime of violence provisions of section
16-11-309 (2), C.R.S. 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 16-11-309, C.R.S.
(II) The provisions of this paragraph (b) shall apply to offenses committed prior to November 1, 1998.
(6) Any person convicted of sexual assault committed on or after November 1, 1998, under any of the
circumstances described in this section shall be sentenced in accordance with the provisions of part 8 of
article 13 of title 16, C.R.S.

SOURCE:   http://www.leg.state.co.us/inetcrs.nsf/caff08b8a0e34035872565e8006d65f8/c5765e24b6a7c0b8872569300068f1ec?OpenDocument

Sexual assault on a child. 18-3-405. Sexual assault on a child.

(1) Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim.

(2) Sexual assault on a child is a class 4 felony, but it is a class 3 felony if: (a) The actor applies force against the victim in order to accomplish or facilitate sexual contact; or (b) The actor, in order to accomplish or facilitate sexual contact, threatens imminent death, serious bodily injury, extreme pain, or kidnapping against the victim or another person, and the victim believes that the actor has the present ability to execute the threat; or (c) The actor, in order to accomplish or facilitate sexual contact, threatens retaliation by causing in the future the death or serious bodily injury, extreme pain, or kidnapping against the victim or another person, and the victim believes that the actor will execute the threat; or (d) The actor commits the offense as a part of a pattern of sexual abuse as described in subsection (1) of this section. No specific date or time must be alleged for the pattern of sexual abuse; except that the acts constituting the pattern of sexual abuse must have been committed within ten years prior to the offense charged in the information or indictment. The offense charged in the information or indictment shall constitute one of the incidents of sexual contact involving a child necessary to form a pattern of sexual abuse as defined in section 18-3-401 (2.5). (3) If a defendant is convicted of the class 3 felony of sexual assault on a child pursuant to paragraphs (a) to (d) of subsection (2) of this section, the court shall sentence the defendant in accordance with the provisions of section 16-11-309, C.R.S.

EDITOR'S NOTE:   November, 2000 email received.  We stand behind our statement that the legal age of consent is 17, using 18-402 (e) as our justification.   However, we are modifying the chart to include 15 as a secondary age of consent, similar to other states like Florida that have a split age of consent depending on the age of the "actor".

18-3-402. Sexual assault. (1) Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if

(d) At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or

(e) At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim; or

 

FROM THE EMAIL:

Note This is in reference to the Colorado "explanation page". I have been ABSOLUTELY THOUROUGH in researching this and have read and re-read the Statutes multiple times to be sure I am not in error. I would take this a PROOF of the AOC being 15 for all sexual orientations. (note to editor please omit my "personal experience" comments if they are inappropriate- Thank you)

You have listed the 18-3-404 Subsection 1.5 is underlined.
This subsection CLEARLY states that it is illegal for a person over 18 to "induce or coerce" (as defined in 18-3-402-Sexual Assault) two OTHER people one of whom is under 18 to engage in sexual activity for the pleasure of the person over 18 watching the act. This does not apply for a person over 18 having sex with a person under 18 but over 15 if it is private and not coerced.

Section 18-3-405, Clearly listed on this page as well, states that consentual sexual contact is acceptable if the person is over 15. If the person is under 15, the older participant must be within 4 years.

I was arrested for this when I was 17 and released because of the "4 years" clause (partner was 14). I know the details. They clearly told me that once he is 15, he is legal for anyone, but until then we have to be within 4 years.

Review of 18-4-402 (misdemeanor Sexual assaut) reveals no mention of age.

18-4-403 (sexual assault in the second degree) was repealed as of July 1, 2000, but I do not believe it changed the current laws (because my experience was in 1998).

18-4-406 states that the defense "I didn't know they weren't 18" is admissable, but the defense "I didn't know they weren't 15" is not.

Also of note, 18-4-408 states that the jury cannot be "instructed" to support one side or the other because of the nature of the charge and the emotional implications of sexual abuse. BUT, the *can* be instructed to avoid gender bias in deliberations.

Statue of limitations is (5) years on misdemeanor offenses and (10) years on Felony offenses.

I have just reviewed the FULL TEXT of the Colorado Revised Statutes as of 10/2000 as relating to sexual conduct (18-4-4xx) and have found no evidence to support anything but the age of 15 to be "Legal Age of Consent". Under the age of 15, sexual contact is also legal if unforced and with a partner less than 4 years older.

To be ABSOULTELY clear, I will refer you section 18-3-411 which is a SUMMARY of all sexual conduct laws in Colorado and is an official part of the Colorado Revised Statutes. For full text, see THIS link http//www.leg.state.co.us/inetcrs.nsf/caff08b8a0e34035872565e8006d65f8/7feb8b62021d0bcd872569300068f6af?OpenDocument

Here is a copy of the applicable section of the Statutes for clarity and completeness (note 18-3-305 refferred to identifies a child as someone under 15 years of age)

18-3-411 As used in this section, "unlawful sexual offense" means enticement of a child, as described in section 18-3-305, sexual assault, as described in section 18-3-402, when the victim at the time of the commission of the act is a child less than fifteen years of age, sexual assault in the first degree, as described in section 18-3-402, as it existed prior to July 1, 2000, when the victim at the time of the commission of the act is a child less than fifteen years of age; sexual assault in the second degree, as described in section 18-3-403 (1) (a), (1) (b), (1) (c), (1) (d), (1) (g), or (1) (h), as it existed prior to July 1, 2000, when the victim at the time of the commission of the act is a child less than fifteen years of age, or as described in section 18-3-403 (1) (e), as it existed prior to July 1, 2000, when the victim is less than fifteen years of age and the actor is at least four years older than the victim; unlawful sexual contact, as described in section 18-3-404 (1) (a), (1) (b), (1) (c), (1) (d), (1) (f), or (1) (g), when the victim at the time of the commission of the act is a child less than fifteen years of age; sexual assault in the third degree, as described in section 18-3-404 (1) (a), (1) (b), (1) (c), (1) (d), (1) (f), or (1) (g), as it existed prior to July 1, 2000, when the victim at the time of the commission of the act is a child less than fifteen years of age; sexual assault on a child, as described in section 18-3-405; sexual assault on a child by one in a position of trust, as described in section 18-3-405.3; aggravated incest, as described in section 18-6-302; trafficking in children, as described in section 18-6-402; sexual exploitation of a child, as described in section 18-6-403; procurement of a child for sexual exploitation, as described in section 18-6-404; indecent exposure, as described in section 18-7-302, soliciting for child prostitution, as described in section 18-7-402; pandering of a child, as described in section 18-7-403; procurement of a child, as described in section 18-7-403.5; keeping a place of child prostitution, as described in section 18-7-404; pimping of a child, as described in section 18-7-405; inducement of child prostitution, as described in section 18-7-405.5; patronizing a prostituted child, as described in section 18-7-406; or criminal attempt, conspiracy, or solicitation to commit any of the acts specified in this subsection (1).

I hope this gets published and is helpful for anyone curious. Since my arrest, it has been something I am concerned with.

 

 

 

EDITOR'S NOTE:  The following was received by email.

From: Trigofarm@aol.com
Date: Mon, 5 Oct 1998 11:12:49 EDT 
18-3-404. Sexual assault in the third degree. (1) Any actor who knowingly subjects a victim to any sexual contact commits sexual assault in the third degree if: (a) The actor knows that the victim does not consent; or (b) The actor knows that the victim is incapable of appraising the nature of the victim's conduct; or (c) The victim is physically helpless and the actor knows that the victim is physically helpless and the victim has not consented; or (d) The actor has substantially impaired the victim's power to appraise or control the victim's conduct by employing, without the victim's consent, any drug, intoxicant, or other means for the purpose of causing submission; or (e) Repealed. (f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority, unless incident to a lawful search, to coerce the victim to submit; or (g) The actor engages in treatment or examination of a victim for other than bona fide medical purposes or in a manner substantially inconsistent with reasonable medical practices. (1.5) Any person who knowingly, with or without sexual contact, induces or coerces a child by any of the means set forth in section 18-3-402 or 18-3-403 to expose intimate parts or to engage in any sexual contact, intrusion, or penetration with another person, for the purpose of the actor's own sexual gratification, commits sexual assault in the third degree. For the purposes of this subsection (1.5), the term "child" means any person under the age of eighteen years. (1.7) Any person who knowingly observes or takes a photograph of another person's intimate parts without that person's consent, in a situation where the person observed has a reasonable expectation of privacy, for the purpose of the observer's own sexual gratification, commits sexual assault in the third degree. For purposes of this subsection (1.7), "photograph" includes any photograph, motion picture, videotape, print, negative, slide, or other mechanically, electronically, or chemically reproduced visual material. (2) Sexual assault in the third degree is a class 1 misdemeanor, but it is a class 4 felony if the actor compels the victim to submit by use of such force, intimidation, or threat as specified in section 18-3-402 (1) (a), (1) (b), or (1) (c) or if the actor engages in the conduct described in paragraph (g) of subsection (1) of this section or subsection (1.5) of this section. (3) If a defendant is convicted of the class 4 felony of sexual assault in the third degree pursuant to subsection (1.5) or (2) of this section, the court shall sentence the defendant in accordance with the provisions of section 16-11-309, C.R.S.; except that this subsection (3) shall not apply to paragraph (g) of subsection (1) of this section as it applies to subsection (2) of this section.

EMAIL COMMENTS:

Subject:  Conflict in Colorado?
Date:      Tue, 05 Oct 1999 15:04:55 -0500
From:     [removed]
To:         research@ageofconsent.com

I looked over the laws for Colorado, and while I'm not expert on law, it
seems clear to me that the age of sexual consent in Colorado is 18.

If the "victim" is under 15, then it's a felony. If the "victim" is
under 18, then it's a misdemeanor.

I didn't see a conflict. I think their law is organized in this fashion
to allow the prosecutors the option of reducing your charge from a
felony to a misdemeanor if you had sex with a 14 year old, but their
were some sort of extenuating circumstances.

[sender] from Oklahoma

Here is the link to the Colorado statutes::
http://165.212.243.216/stat99/
There is no toc or index, only a search feature.  Use the string:  18-3-4* to find them.

 

A BILL FOR AN ACT:  HB 1201
WE DO NOT KNOW IF THIS IS IN EFFECT
FROM (http://www.state.co.us/gov_dir/leg_dir/hbills/HB1201.htm)

Repeals the statutory rape prevention grant program, effective July 1, 2002.

Raises the age for victims of second degree sexual assault from less than 15 to less than 16 years of age,
and eliminates the requirement that the offender be at least 4 years older than the victim.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. Part 1 of article 1 of title 26, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW SECTION to read:

26񩧽30. Statutory rape prevention grant program oversight board created grant criteria
annual report repeal. (1) (a) THERE IS HEREBY CREATED THE STATUTORY RAPE
PREVENTION GRANT PROGRAM TO ASSIST COUNTIES IN IMPLEMENTING MEASURES TO
REDUCE THE OCCURRENCE OF TEEN PREGNANCY RESULTING FROM STATUTORY
RAPE.


(b) FOR PURPOSES OF THIS SECTION, "STATUTORY RAPE" MEANS SECOND DEGREE
SEXUAL ASSAULT AS DESCRIBED IN SECTION 18񪏘03
(1) (e), C.R.S., OR SEXUAL
ASSAULT ON A CHILD AS DESCRIBED IN SECTION 18񪏘05 (1), C.R.S.

(2) (a) THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT OF HUMAN SERVICES THE
OVERSIGHT BOARD FOR THE STATUTORY RAPE PREVENTION GRANT PROGRAM,
REFERRED TO IN THIS SECTION AS THE "BOARD". THE BOARD SHALL CONSIST OF THE
EXECUTIVE DIRECTORS OF THE DEPARTMENT OF HUMAN SERVICES AND THE
DEPARTMENT OF PUBLIC SAFETY, OR THEIR DESIGNEES, THE ATTORNEY GENERAL, OR
HIS OR HER DESIGNEE, AND THE STATE COURT ADMINISTRATOR, OR HIS OR HER
DESIGNEE. IN ADDITION, THE BOARD SHALL INCLUDE A REPRESENTATIVE OF A
STATEWIDE ASSOCIATION OF DISTRICT ATTORNEYS, APPOINTED BY THE EXECUTIVE
DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES.

(b) THE BOARD SHALL ADMINISTER THE STATUTORY RAPE PREVENTION GRANT
PROGRAM BY ESTABLISHING PROCEDURES BY WHICH COUNTIES MAY APPLY FOR
GRANTS UNDER THE PROGRAM BY SUBMITTING PROPOSALS AS DESCRIBED IN
SUBSECTION (3) OF THIS SECTION, SELECTING THOSE COUNTIES THAT WILL RECEIVE
GRANTS UNDER THE PROGRAM, AND SPECIFYING THE AMOUNT OF EACH GRANT. IN
SELECTING COUNTIES TO RECEIVE GRANTS UNDER THE PROGRAM, THE BOARD SHALL
CONSIDER, BUT IS NOT LIMITED TO, THE FOLLOWING FACTORS:

(I) WHETHER THE COUNTY'S PROPOSAL IS LIKELY TO RESULT IN AGGRESSIVE AND
EFFICIENT ACHIEVEMENT OF THE MEASURES SPECIFIED IN SUBSECTION (3) OF THIS
SECTION;

(II) WHETHER THE COUNTY HAS A HIGH RATE OF STATUTORY RAPE OR OF TEEN
PREGNANCY RESULTING FROM STATUTORY RAPE; AND

(III) THE NUMBER OF PROSECUTIONS BROUGHT IN THE COUNTY AGAINST MALES FOR
STATUTORY RAPE.

(3) TO RECEIVE A GRANT THROUGH THE STATUTORY RAPE PREVENTION GRANT
PROGRAM, A COUNTY SHALL SUBMIT A PROPOSAL TO THE BOARD OUTLINING THE
MEASURES IT INTENDS TO TAKE TO ACHIEVE THE FOLLOWING GOALS:

(a) INCREASING THE NUMBER OF PROSECUTIONS OF MALES FOR STATUTORY RAPE;

(b) INCREASING THE ESTABLISHMENT OF ENFORCEABLE CHILD SUPPORT
AGREEMENTS, IN LIEU OF PROSECUTION OR AS A CONDITION OF PROBATION, FOR
MALES WHO ARE CONVICTED OF, PLEAD GUILTY TO, OR RECEIVE A DEFERRED
JUDGMENT OR A DEFERRED SENTENCE FOR STATUTORY RAPE; AND

(c) INCREASING THE NUMBER OF CASE FILINGS TO ESTABLISH PATERNITY, PURSUANT
TO SECTION 19񪣁07, C.R.S., WHERE THE PREGNANCY RESULTED FROM OR IS
SUSPECTED TO HAVE RESULTED FROM STATUTORY RAPE.

(4) ANY GRANT AWARDED THROUGH THE STATUTORY RAPE PREVENTION GRANT
PROGRAM SHALL BE PAID FROM MONEYS APPROPRIATED OUT OF THE GENERAL FUND
FOR THE PROGRAM.

(5) (a) ON OR BEFORE JANUARY 15, 1998, AND ON OR BEFORE JANUARY 15 OF EVERY
YEAR THEREAFTER, THE DEPARTMENT OF HUMAN SERVICES SHALL SUBMIT TO THE
GENERAL ASSEMBLY A REPORT THAT SHALL INCLUDE, BUT NEED NOT BE LIMITED TO,
THE FOLLOWING INFORMATION FOR THE PRECEDING TWELVE MONTHS, IF AVAILABLE:

(I) THOSE COUNTIES THAT APPLIED FOR AND THOSE COUNTIES THAT RECEIVED
GRANTS THROUGH THE STATUTORY RAPE PREVENTION GRANT PROGRAM;

(II) THE AMOUNT RECEIVED BY EACH COUNTY;

(III) FOR EACH COUNTY THAT RECEIVED A GRANT:

(A) THE NUMBER OF PROSECUTIONS OF MALES FOR STATUTORY RAPE;

(B) THE NUMBER OF CASES IN WHICH AN ENFORCEABLE CHILD SUPPORT AGREEMENT,
IN LIEU OF PROSECUTION OR AS A CONDITION OF PROBATION, WAS ESTABLISHED FOR
A MALE WHO WAS CONVICTED OF, PLEAD GUILTY TO, OR RECEIVED A DEFERRED
JUDGMENT OR A DEFERRED SENTENCE FOR STATUTORY RAPE;

(C) THE NUMBER OF SUITS TO ESTABLISH PATERNITY, PURSUANT TO SECTION
19񪣁07, C.R.S., WHERE THE PREGNANCY RESULTED FROM OR WAS SUSPECTED OF
RESULTING FROM STATUTORY RAPE; AND

(IV) THE RATE OF STATUTORY RAPE AND THE RATE OF TEEN PREGNANCY RESULTING
FROM STATUTORY RAPE AT THE COMMENCEMENT AND THE CONCLUSION OF THE
REPORTING PERIOD IN EACH COUNTY THAT RECEIVED A GRANT AND ANY CHANGE IN
EITHER RATE DURING THE REPORTING PERIOD.

(b) ANY COUNTY THAT RECEIVES A GRANT UNDER THE STATUTORY RAPE
PREVENTION GRANT PROGRAM, UPON REQUEST OF THE DEPARTMENT OF HUMAN
SERVICES, SHALL PROVIDE ANY INFORMATION NECESSARY TO COMPLETE THE
REPORT.

(6) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2002.

SECTION 2. 18񪏘03 (1) (e), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to
read:

18񪏘03. Sexual assault in the second degree. (1) Any actor who knowingly inflicts sexual
penetration or sexual intrusion on a victim commits sexual assault in the second degree if:

(e) At the time of the commission of the act, the victim is less than fifteen SIXTEEN years of age; and
the actor is at least four years older than the victim and is not the spouse of the victim; or

SECTION 3. Appropriation. In addition to any other appropriation, there is hereby appropriated, out
of any moneys in the general fund not otherwise appropriated, to the department of human services for
allocation to the statutory rape prevention grant program created in section 26񩧽30, Colorado Revised
Statutes, for the fiscal year beginning July 1, 1997, the sum of ____________ dollars ($ ), or so much
thereof as may be necessary, for the implementation of this act.

SECTION 4. Effective date applicability. This act shall take effect July 1, 1997, and section 2 of
this act shall apply to offenses committed on or after said date.

SECTION 5. Safety clause. The general assembly hereby finds, determines, and declares that this act is
necessary for the immediate preservation of the public peace, health, and safety.

 

 

 


 

07-2000 New Source: U.S. statutory rape laws is published on the Web by the National
Clearinghouse on Child Abuse and Neglect Information. The booklet, which
requires Adobe Acrobat to read, is located at:


http://www.calib.com/nccanch/pubs/99statutes/35-SexualOffenses.PDF

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