The Difference Between “Incest” and “Aggravated Incest” in Colorado

Under Colorado law, incest occurs when you knowingly marry or have sexual contact with:

• your whole or half brother or sister,
• your uncle, aunt, nephew, or niece, or
• your own child, including step-children or adopted children.

Incest is prosecuted as aggravated incest in Colorado if:

• the relative you commit incest with is under 10 years old, or
• your child you commit incest with is under 21 years old.¹

Penalties

In Colorado, incest is a class 4 felony, carrying:

• 2 years to life in prison and/or $2,000 to $500,000, and
• sex offender status for at least 20 years.

The minimum prison term becomes 10 years if there was a deadly weapon involved or if the victim sustained bodily injury.

Predictably, aggravated incest carries harsher punishments than incest. It is a class 3 felony, carrying:

• 4 years to life in prison and/or $3,000 to $750,000, and
• sex offender status for at least 20 years.

The minimum prison term becomes 21 years if there was a deadly weapon involved or if the victim sustained bodily injury.

Enhances Penalties

The minimum sentence for incest and aggravated incest is increased if either:

• you are a habitual sex offender; or
• you knew at the time of the incest that you tested positive for HIV, and you infected the victim; or
• the incest involved penetration or intrusion, and:
  1. The victim was under 12 years of age, and
  2. You were at least 18 years old, and
  3. You were at least 10 years older than the victim.²

Depending on the circumstances of the incest case, you may face additional charges, such as

• sexual assault, or
• sexual assault on a child by one in a position of trust, or
• unlawful sexual contact.

It may be possible to get probation instead of incarceration for an incest conviction.

Avoiding Prison

It may be possible to avoid a Colorado State Prison sentence following an incest or aggravated incest conviction if:

1. you are not a habitual offender, and
2. the incest did not qualify as a crime of violence.

In this situation, the judge in your case may either:

• defer your sentence to give you the opportunity to undergo counseling and treatment, or
• sentence you to probation rather than prison.

Probation for incest lasts at least 10 years, while probation for aggravated incest lasts at least 20 years. Conditions of probation include:

• Colorado’s Sex Offender Intensive Supervised Probation (SOISP);
• completing a sex offender evaluation and treatment program;
• registering as a sex offender;
• genetic marker testing;
• abstaining from drugs and alcohol;
• having no contact with the victim or any other children; and
• abstaining from pornography.³

Violating any condition of probation gives the judge the right to revoke your probation and to remand you to prison.

Aggravated incest in Colorado involves your under-21 children or other relatives under 10.

Defenses

Here at Colorado Legal Defense Group, I have represented literally thousands of people charged with sex crimes such as incest. In my experience, the following four defenses have proven very effective at getting CRS 18-6-301 and 302 charges reduced or dismissed.

1. No sexual activity occurred.
2. You are not related to the victim.
3. You did not realize that the victim was related to you.
4. The police used unlawful law enforcement tactics, such as coercing a confession.

Unless the D.A. can prove each element of your incest or aggravated incest charge beyond a reasonable doubt, the case should be dropped.

In Colorado, aggravated incest is a class 3 felony, while incest is a class 4 felony.

Additional Resources

If you are a survivor, contact the following for help:

• SAVA (Sex Assault Victim Advocate) in Northern Colorado: Provides free, confidential support and advocacy to survivors of sexual violence in Northern Colorado.
• The Blue Bench in Denver: Offers comprehensive sexual assault prevention and care services, including a 24/7 hotline and therapy, to the Denver metro community.
• Project Safeguard in Colorado: Delivers legal advocacy and assistance with protection orders for victims of domestic violence, stalking, and sexual assault.
• Office for Victims Programs (OVP): Administers statewide victim compensation and service grants to support and assist crime victims across Colorado.
• Ending Violence Against Women Program, Colorado District Attorney’s Council: Provides specialized training and resources to prosecutors and law enforcement to improve the criminal justice response to violence against women.

Legal References